Betsy A. Fischer - Divorce in Louisiana: The Legal Process, Your Rights, and What to Expect

Copyright 2014 by Betsy A. Fischer, Esq. All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopied, recorded, or otherwise, without the prior written permission of the publisher. For information, write Addicus Books, Inc., P.O. Box 45327, Omaha, Nebraska 68145.

ISBN 978-1-938803-95-6

Typography Jack Kusler

This book is not intended to serve as a substitute for an attorney. Nor is it the authors intent to give legal advice contrary to that of an attorney. The information contained in this book is for general informational purposes only and should not be relied upon or considered legal advice applicable to a specific legal matter.

Library of Congress Cataloging-in-Publication Data

Fischer, Betsy A., 1965

Divorce in Louisiana : the legal process, your rights, and what to expect / Betsy A. Fischer, Esq.

pages cm

Includes index.

ISBN 978-1-938803-95-6 (alk. paper)

1. DivorceLaw and legislationLouisianaMiscellanea. I. Title.

KFL100.F57 2014

346.7630166--dc23

2013036767

Addicus Books, Inc.

P.O. Box 45327

Omaha, Nebraska 68145

www.AddicusBooks.com

Printed in the United States of America

10 9 8 7 6 5 4 3 2 1

To my daughter, GabrielleI love you to infinity and beyond.

To my familyThank you for your never-ending support.

Index

M y first acknowledgment goes to the clients of Betsy A. Fischer, L.L.C. Each day they trust me to guide them through a confusing and uncertain time of their lives.

I thank my publishers, Rod Colvin and Jack Kusler, of Addicus Books. Their enduring support since the inception of this book makes it possible for my work to benefit people across the state.

My team at Betsy A. Fischer, L.L.C. is wholly dedicated to making the process of divorce easier for our clients, constantly searching for the best practices to support our clients and make the process easier for them. Much of what you see in this book is due to their committed work over the years.

Finally, the day-to-day support given to me by my assistant, Sue, cannot be overstated. Her assistance is invaluable.

If this edition empowers readers on the divorce journey as I hope, it is only because of the generosity of so many, for which I extend my heartfelt gratitude.

Betsy A. Fischer, Esq.

I have been a divorce lawyer for more than twenty years. No one gets married thinking they will one day get divorced. Unfortunately, divorce has become a common aspect of our society. The ending of the relationship is not easy and can be emotionally unpleasant.

My purpose in writing Divorce in Louisiana is to help you through the divorce process. If you decide to proceed with your divorce, this book will help guide you through the process; it will also explain the obstacles you may encounter along the way and offer practical advice for how to deal with them. My goal is to help you understand the process and what to expect so that you can feel more confident and more at ease. If you are knowledgeable and well prepared, you will be better able to deal with the divorce proceedings.

N o bride or groom walking down the aisle on their wedding day thinks, I will be getting divorced in a few years. Just as a marriage is considered a new chapter of your life, so is going through a divorce. The process of ending your marriage often creates feelings of fear and trepidation. You dont know what the outcome of your divorce will be. You dont know what happens during the divorce process. The divorce process does have some measure of predictability. If you understand the divorce process, you can feel a sense of certainty, which can bring a sense of comfort. Most divorces proceed in a step-by-step manner. Despite the uniqueness of your divorce, you can generally count on one phase of your divorce following the next. Sometimes just realizing you are completing stages and moving forward with your divorce can reassure you that your divorce will eventually come to a conclusion.

Developing a basic understanding of the divorce process will lower your anxiety when your attorney starts talking about hearings, depositions, or going to trial. The object of this book is to provide you with knowledge, which will reduce your frustration with the length of the divorce process. You will understand why each step is needed and understanding the divorce process will make your experience easier. This book will support you in preparing for what comes next.

You are not required to have an attorney to obtain a divorce in Louisiana. However, if your case involves children, support, significant property, or debts, you should avoid proceeding on your own.

If you are considering representing yourself, contact the court in the parish where the action will be pending to determine whether there are any law clinics available to assist you. A person who proceeds in a legal matter without a lawyer is referred to as being pro se, on ones own.

If you are considering proceeding without an attorney, at a minimum have an initial consultation with an attorney to discuss your rights and duties under the law. You may have certain rights or obligations you are unaware of. Meeting with a lawyer can help you decide whether to proceed on your own.

Find a law firm that handles divorces as a regular part of its law practice. The best recommendations come from people who have knowledge of a lawyers experience and reputation.

Even if you are not ready to file for divorce, call to schedule an appointment right away to obtain information about protecting yourself and your children. Even if you are not planning to file for divorce, your spouse might be.

Ask what documents you should take to your initial consultation. Make a list of your questions to bring to your first meeting. Start making plans for how you will pay your attorney to begin work on your case.

Louisiana, like most states, is a no-fault divorce state. This means that neither you nor your spouse is required to prove that the other is at fault in order to be granted a divorce should you wish to proceed under the no-fault grounds for divorce. Factors such as marital breakdown, fault on the part of the other spouse, infidelity, cruelty, or abandonment are not necessary to receive a divorce in Louisiana. Rather, it is necessary to prove that the parties have been living separate and apart continuously for the requisite period of time.