Baton Rouge Divorce Lawyer

Every divorce is unique, and individuals going through this difficult change in their lives need a compassionate Baton Rouge divorce lawyer who can provide them with the personalized legal care and support they need. Whether your divorce is being litigated or you are negotiating a separation agreement outside of court, an attorney’s support can help you protect your financial and personal interests, as well as your family’s future.

Divorce Does Not Have to Be an Unfair Blow. Geaux Cascio.

While getting divorced is never easy, it does not have to be an ugly, expensive, drawn-out fight between you and your spouse. Most people in Baton Rouge want to get through their divorce as smoothly and painlessly as possible. But they also want their share of the marital assets they worked so hard to help earn. Even more importantly, they want to continue helping to raise their children so that they can flourish.

Attorney Chris Cascio of the Cascio Law Firm has more than two decades of experience practicing law in Louisiana. He has helped hundreds of clients dissolve their marriages with compassion and respect while also helping them protect their parental and property rights under state divorce laws. Chris understands the worry and uncertainty that come with divorce. He will draw on his skill in family law to help make sure you are ready for the next chapter in your life.

Understanding the Divorce Process

Divorces do not all follow the exact same process, but couples can expect certain legal requirements and aspects of family law to arise. The basic steps to getting divorced in Louisiana are:

• Establish Residency: You cannot file for divorce in Louisiana unless you and/or your spouse are domiciled here. That means at least one of you has lived in the state for at least six months. You can file in the parish where you lived together during your marriage or in the parish where you or your spouse is currently domiciled.

• Separation Requirements: Before filing for a no-fault divorce, you and your spouse must live apart continuously for at least 180 days or 365 days if you have a minor child together.

  Alternatively, you can file for a fault-based divorce if you can prove that your spouse committed adultery, has been sentenced to prison or the death penalty, or was physically or sexually abusive toward you or your child. Fault-based divorce is also possible if a court grants a protective order against your spouse.

• Filing and Serving Papers: Once you meet the residency and waiting period requirements, you can file for divorce and send a copy of the filing to your spouse.

• Division of Property: For a contested divorce, you and your spouse will begin negotiating a property settlement. Louisiana is a community property state, which means most of the property one of you acquired during the marriage belongs to both of you and must be split 50-50.

  Property that one of you owned before the marriage is called separate property but can become co-mingled with the other spouse’s property to become community property. Spouses often dispute what is community property and what is separate property. Property can include bank accounts, investments, real estate, homes, and physical assets like furniture or artwork. Property also includes debts that a couple shares.

• Spousal Support Determinations: Spousal support may also come up during settlement talks. In Louisiana, you are entitled to spousal support, commonly known as alimony, if you were not at fault for the breakup of the marriage and if you have no way to support yourself.

  This is often the case in long marriages when one spouse gives up their education and career to be the primary homemaker and child carer while the other spouse focuses on earning an income. Alimony is not a part of every divorce and must be fair to both spouses when it is awarded.

• Child Custody Determination: If you have children, you must also submit a joint child custody plan. The law requires that the plan be in the child’s best interests, which state law presumes means joint custody shared between the parents. If one parent wants sole custody, they must petition the court to show that depriving the other parent of custody is in the best interests of the child.

  Child custody can become incredibly contentious, even when parents are trying to work together. The support of a skilled attorney can help ease negotiations and ensure parents focus on their children’s interests.

• Awarding Child Support: Once a fair custody arrangement has been reached, the court will determine child support. Both parents have a financial responsibility to provide support for their child. When parents separate, they may no longer be provided the same amount of financial support.

  Child support payments exist to ensure that a parent who earns more and/or has less parenting time with the children is still covering their portion of that financial responsibility. There is a set formula that the court uses to determine fair child support based on parental income and the number of children who need support.

• Submitting the Separation Agreement: If you and your spouse settle your differences on these issues, you submit the settlement to the court for the judge’s approval. If not, the court may hold a hearing on the matter. Attorneys for you and your spouse will make your cases, and the judge will issue a ruling.

Contested Vs. Uncontested Divorce

The procedure described above is for a contested divorce. In some cases, spouses are able to agree on property division, child custody, and other issues before filing. If you believe you and your spouse are prepared to do this, Chris Cascio can help you with an uncontested divorce. This can save you a lot of time, money, and worry.

Uncontested Divorce

An uncontested divorce can have many benefits. Often, spouses agree on the major aspects of their separation agreement and only have to negotiate the specifics. This includes the specifics of a parenting plan or the specific marital assets and debts each spouse retains. These negotiations are often quicker, less stressful, and not as expensive.

The support of an attorney helps the process go more smoothly and helps couples create an agreement that the court is likely to approve.

Contested Divorce

However, if you and your spouse cannot reach agreements in these areas, you may need to consider a contested divorce. Contested divorces could be handled in court or out of court. If a spouse refuses to cooperate even with an out-of-court contested divorce, the divorce may need to be litigated.

While this is more costly, it ensures there will be an ending to the process. Out-of-court divorces only resolve when both parties reach an agreement. This can mean an uncooperative spouse can draw out the divorce for a long time. In-court divorces also give you more personal and legal protections if your spouse has power over you due to financial resources or even abuse.

Which Type of Divorce Is Right for Me?

The type of divorce that is right for you and your spouse will depend on your unique circumstances. An uncontested divorce may be ideal for spouses who are amicable and want to work together towards a beneficial resolution.

An out-of-court contested divorce can help spouses who disagree but are able to discuss property division and other issues to find a compromise. An in-court contested divorce may be right for spouses who cannot discuss their divorce together at all.

An attorney can talk with you about the options available to you and how you can most effectively support your rights and create a strong foundation for you and your family’s future. Several issues can affect the ideal method of divorce, including the value and number of marital and separate assets and whether you have minor children,.

Grounds for Divorce in Louisiana

Louisiana family courts allow for no-fault and fault-based grounds.

No-Fault Divorce

A no-fault divorce, also called an Article 102 divorce, does not require the filing party to prove a reason for divorce other than spouses having lived separately from each other for a continuous period of time.

Fault-Based Divorce

A fault-based divorce, also called an Article 103 divorce, can be filed based on other grounds. When a spouse files a petition for divorce, they must provide proof of the grounds in order for it to be granted. There are still waiting periods in fault-based divorces, but they are not required prior to filing. A spouse may need to provide proof of a criminal felony conviction, physical or sexual abuse, a protective order or injunction, or adultery.

Even if fault-based grounds do exist in your marriage, you are not required to file based on them. An attorney can help you make an informed decision about the benefits and drawbacks of a fault-based divorce in your specific situation.

What Are the Benefits of Working With a Divorce Attorney in Baton Rouge

Every divorce has unique challenges, and an attorney can help you navigate these issues with more confidence. There are many benefits to working with an experienced and knowledgeable divorce attorney, including:

• Legal Knowledge: An attorney who has handled divorces in Louisiana knows the requirements for filing, the deadlines and expectations for serving papers, and many other specific requirements in a divorce. Different parishes often have unique local laws that can further complicate the process. Attorneys also remain up-to-date on any changes to these laws that could affect you.

• Protect Your Rights: When you hire an attorney to represent you, their job is to protect your rights and interests. This includes your interests in property, your right to child custody, your right to alimony, and more. Your attorney is focused on your financial future, and on securing the most ideal outcome possible for your divorce case.

  This advocacy is necessary in court when the judge is making choices about your future, and out of court when you and your spouse are reaching resolutions together. If you do not have someone looking out for your rights, you may agree to a divorce order that puts you in financial hardship or is not right for your family.

• Support and Advice: Divorce is not emotionally easy to navigate. The support of a knowledgeable attorney can provide you with certainty that you are doing it right, and they can give you necessary objective advice about proceedings. They can help you know what to expect, either in or out of court.

• Fair Agreement: When you and your spouse draft a separation agreement outside of court using mediation or negotiation, the court will approve it only if it is fair to both spouses and any children involved. If it is not, you may have to start over from the beginning or enter litigation anyway.

  Working with an attorney can help you keep these priorities in mind during negotiations. It may also make it more likely that the agreement is approved by the court.

• Personalized Support: Your family and your situation are unique, and a skilled attorney can apply their knowledge to your case.

FAQs

Q: Is Divorce Worth It?

A: Divorce can be very financially straining, but it can still be worth it if you are in a relationship that is not right for you. There are unique complications with divorces between couples. You can effectively protect your rights with a divorce attorney. While this can increase the costs of the divorce, it can also protect you financially. An attorney can help you negotiate or advocate with the court for a fair split of assets and spousal support.

Q: How Do I Get a Divorce and Not Lose All My Money?

A: A divorce is expensive and significantly affects your finances, but it does not lead to either spouse losing all their money. If the divorce is handled through court, the couple’s marital assets are split equally, or as equally as possible. Marital assets only include assets a couple gains in the marriage and do not include assets that each spouse had before marriage. Couples that negotiate their separation outside of court can split assets how they like, with court approval.

Q: What Is a Wife Entitled to in a Divorce in Louisiana?

A: Both spouses are entitled to an equal share of marital property and have the same rights to request spousal support, child custody, and child support. Whether those requests are granted depends on a couple’s unique situation. The court makes each of these decisions based on many factors, and each spouse’s gender does not affect these determinations. The court will consider the best interests of any minor children the couple has and the financial situation of each spouse.

Q: How Do I Get an Immediate Divorce in Louisiana?

A: The most immediate way to get a divorce in Louisiana is by filing on fault-based grounds, although this will begin a litigated divorce that can take a long time. A fault-based divorce also requires you to prove the reason for the divorce, such as abandonment, abuse, adultery, or a felony conviction. Couples can also get an uncontested divorce and use mediation outside of court. This type of divorce can be resolved more quickly.

Learn More About Getting Divorced in Baton Rouge

The terms of your divorce should be based on your particular goals for the future. A divorce is a life-altering case and should be treated with care and deliberation. The right attorney will know how to consider your intentions for your family’s future. Find out how the Cascio Law Firm can make that happen for you. Contact the firm’s Baton Rouge location and schedule a consultation with Chris Cascio by calling 225-377-3595.