Betsy A. Fischer and Associates, LLC

Divorce

The Louisiana Civil Code has many provisions that govern divorces, and a qualified attorney has experience dealing with the code and its application.  The main aspect you should be familiar with is that Louisiana law allows two types of divorce:

 Article 102 divorce - This is for couples with or without minor children.   Article 102 allows for a no-fault divorce.  This is for spouses who are not yet separated and living apart for the required waiting time of 180 or 365 days.

Article 103 divorce - This for couples with or without minor children.  Article 103 allows for no fault divorce.  Article 103 no fault divorces are for spouses who have already lived apart for the required waiting time of 180 or 365 days. 

Additionally, for marriages with or without minor children, article 103 allows for fault-based divorces. 

The grounds for divorce under Article 103 are if the other spouse has committed adultery, has been sentenced to death or hard labor for committing a crime, or committed domestic violence. Article 103 fault-based divorce has no waiting time.

There are various advantages to each type of divorce.  A Louisiana family law attorney will be able to answer any questions about which divorce will be best for your situation and how to file for an article 102 divorce versus an article 103 divorce.

Uncontested Divorce

When spouses can agree on every element in a divorce – including child support, child custody, property ownership, and debt distribution – they can easily obtain an uncontested divorce.  As such, we have created flat-rate programs for these types of simple, uncontested divorces, thereby ensuring that your divorce proceeding is as painless as possible.

To qualify for an uncontested divorce in Louisiana:

• Either you or your spouse must have lived in Louisiana for at least six months.
• You and your spouse must both want a divorce.
• You can locate your spouse.
• You and your spouse must both agree to the divorce and sign the required documents.

Choose the right Divorce Plan for your needs:

Efficient Divorce for Couples Without Children or Assets – This is one of the simplest of divorce plans.  You can qualify for this plan if neither you nor your spouse own any property and if you have no children, biological or adopted.

Standard Custody Agreements for Louisiana Parents – We will draft an appropriate custody agreement detailing parenting time.

Divorce Solutions for Couples with Assets – If you and your spouse have agreed upon the division of assets, we will draft an agreement detailing the division of marital assets and marital debt.

As long as your divorce continues as a Flat Fee Divorce case, all fees and expenses are included.  The preparation of any additional documents outside of the Flat Fee Divorce plan would require a separate agreement. 

If real estate, retirement accounts, motor vehicles, or other assets need to be divided as part of your divorce case, it may be necessary to complete additional documents to complete the transfer.  The additional documents may include qualified domestic relations orders, power of attorney affidavits and other similar documents.

Child Support or Spousal Support is an issue that may be worked out between the parties without the assistance of a divorce attorney.  If you and your spouse are not able to reach an agreement regarding child support or spousal support without an attorney, then a Flat Fee Divorce plan may not be right for you. 

If your spouse refuses to sign the necessary documents, then a Flat Fee Divorce plan may not be right for you.

Grandparent Rights

Grandparent rights are the rights of a grandparent regarding visitation and custody of grandchildren.  Depending on the circumstances, grandparents in Louisiana have the legal right to request reasonable visitation with their grandchildren. This is a right that can only be exercised by biological grandparents.

There are various circumstances when a grandparent can have visitation rights even if the parents are still together, but this is only for extraordinary circumstances, which include:  

• one of the parents has been imprisoned or has been deemed legally incapacitated.  
• one or both parents have a hazardous controlled substance addiction, or
• due to a parent’s abuse or neglect, the child is placed in foster care.

In order to get visitation rights, the grandparents have the burden of proof.  They must demonstrate a legal right to court-ordered time and that the planned visits are in the best interests of the child. In rare cases, grandparents can obtain custody of the children if the court finds that living with the parents would be detrimental to their health and not in their best interest.

Wills and Successions

There are two types of lawful wills in Louisiana: olographic testaments (also known as holographic testaments in other States) and notarial testaments.  Both of these wills must be signed by the testator and meet the following criteria in order to be valid:

• Meet any real estate requirements of the state where the property is located.
• Meet any requirements of the state where the will was executed.
• Meet any requirements set forth by the state where the testator was domiciled at the date of execution or time of death.
• Meet Louisiana's legal requirements for a last will and testament.

A recent Gallup poll found that roughly 55% of Americans do not have a will.  Moreover, a recent article suggests that the number of Americans without a will is closer to 70%. 

When someone dies without a will they are known to be “intestate.” Louisiana has two types of succession:  intestate and testate succession.  A succession is the process of settling a deceased person's estate and distributing the property once debts have been paid.  In addition to intestate and testate, Louisiana also has two forms of succession which are administered (more complex and only necessary when an unadministered succession is not available) and unadministered.

Interdiction

An interdiction is a legal process in which a court is asked to assess whether a person is incapable, due to an infirmity, to consistently make decisions about his or her person and/or property, or to convey those decisions based on testimony and other evidence given.  If this is determined, the court selects someone to make these choices on his/her behalf. 

The court can decide between a full interdiction or a limited edition.

• When a court judges that an individual is incapable of consistently making decisions about his or her person and property, a full interdiction is imposed.
• When a court concludes that an individual is incapable of consistently making decisions about his or her person or property, or some part of either, a limited interdiction is imposed.

A full interdict lacks the ability to conduct legal affairs which have legal ramifications, such as entering into a contract.

A limited interdict lacks the legal competency to make a legal act relating to the property or aspects of personal care that the limited interdiction decision places under the curator’s responsibility.  Some rights for the interdict may be preserved by an interdiction judgment.

When a court decides that a person should be interdicted either fully or partially, they will assign a curator. A curator is a person appointed by the court to look after the interdicted person or his property, make decisions for the interdicted person, or act in his or her place. When making these judgments, the curator must use reasonable care, diligence, and prudence, and act in the interdicted person’s best interests.  A curator must also provide an annual report to the court.

There can be other legal options available if interdiction is not in someone's best interest.  An experienced family law attorney will be able to assist you and your loved ones in deciding what is best for them and their life choices.

LGBT Divorce

Since the United States Supreme Court’s ruling in Obergefell versus Hodges on June 25th, 2015, marriage equality has been legal in all 50 states.  As more LGBT couples wed, legal questions begin to emerge about same-sex divorce.  Because LGBT marriage and gay divorce in Louisiana have less history, the court system has been challenged to adapt.  This process has been irregular, leading to frustration and numerous questions for couples seeking LGBT divorces.  However, with the help of an experienced divorce attorney specializing in same-sex divorce, you can feel confident that you have an advocate on your side who has your best interests at heart.

One of the biggest complications that’s unique to an LGBT divorce comes when a same-sex couple has a child together, especially if the child is only biologically related to one parent. This gets complicated if the non-biological parent has not formally adopted the child.  In a same sex divorce in Louisiana, questions about child custody emerge if there's only one biological parent in the relationship despite the fact that both spouses may play equal parts in child-rearing.  These concerns can be avoided through a second parent adoption. However, if you don't have time to do this before finalizing a divorce in Louisiana, it's important to speak with an attorney familiar with the nuances of same-sex divorce to discuss your options.

Limited Scope Representation

To mitigate the likelihood of unexpected fees and manage the costs, you may want to consider a limited scope representation.  A limited scope representation case provides you with certainty regarding the cost of your case.  It is a way for an attorney to help you by handling part of your legal matter while you represent yourself on the rest of your case.  For example in family law cases with issues involving divorce, custody, and child support you may choose one of the following options:

•  Hire an attorney to assist you with the custody matter only and you can handle the remaining issues yourself;
• Hire an attorney to handle each legal service separately; or
• Consult with an attorney at certain points in your case where legal expertise is needed while you handle everything in the case yourself.

With limited scope representation, you may be able to handle some of the case yourself but need legal assistance with certain matters or tasks.  The attorney can help you decide what portions of the case you will handle and what portions of the case the attorney will handle.

Some areas of the law are extremely technical, and it would be difficult for a non-attorney to effectively handle the case without an attorney.  Among these are pension rights, stock options and business interests.  You will almost certainly need the assistance of an attorney if your case involves any of these issues.

Document Preparation Services for Family Law Matters

Navigating the legal system can be complex, especially when it comes to preparing the necessary documents for family law cases. To assist those who need legal documentation but do not require full legal representation, our firm offers comprehensive document preparation services for a flat fee. This service is designed to help you ensure that your paperwork is correctly completed, giving you peace of mind.

Whether you need documents for a relocation of a minor child, an ex parte petition for custody, or other family law matters such as divorce, support, or custody agreements, our attorneys can guide you through the documentation process with clarity and precision. Our goal is to help you manage the paperwork so you can focus on your case.

*Please note that this service is limited to document preparation and does not include legal representation or advice. It is intended for individuals who feel comfortable representing themselves in court but need assistance in preparing the required legal documents.  Our office can only prepare documents for cases in the State of Louisiana.*