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Baton Rouge Divorce Lawyer

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Baton Rouge Divorce Attorney

Divorce is never an easy process. The applicable laws can often be complex and challenging to understand, and the emotional weight of the situation will often add to the stress and tension. Unfortunately, these factors can lead to many divorces turning contentious as well. One of the most effective ways, however, to ensure that your divorce goes as smoothly as possible while still pursuing your objectives is to work with the right Baton Rouge divorce lawyer.

Our divorce lawyers at the Rowe & Manning Law Firm LLC are prepared to bring their knowledge and experience to your divorce. We understand the impact that the divorce process has on your life and are dedicated to seeking a fair divorce agreement on your behalf. We also recognize the emotional impact of the divorce and are sensitive to your feelings and mental state throughout the process.

When You’re Ready To Move On

Whether you are dealing with a contested divorce or uncontested divorce, the dissolution of marriage presents a very stressful and difficult time.

At the Rowe & Manning Law Firm LLC, our Baton Rouge family lawyers will assess all aspects of your case and work with you to determine the best course of action. We can use family mediation to resolve your case if both parties agree to that method. Our firm is not afraid, however, to go to court to ensure that your rights are protected and your voice is heard throughout the divorce process. Contact a Louisiana divorce attorney today.

What About The Children?

If there are children involved in the divorce, there are critical issues of child support and child custody and visitation to resolve. If children are not involved, property settlement and spousal support are still at issue.

How Long Do We Have To Be Separated?

In Louisiana, divorcing spouses must be living separate and apart for six months to get a divorce. Divorce is available for other causes, however, on shorter term. For instance, if your spouse is convicted of a felony, you can divorce on those grounds as well.

What Does Divorce Cost?

We will be glad to discuss our fees and services during the initial consultation. Fees vary by complexity of the case.

Should You Date While Getting A Divorce?

Speak with an attorney before you begin dating during divorce. Although the law has evolved and modernized, there are still pitfalls, and we can help you avoid them.

At one time, you were considered “separated” during the divorce process, and dating could constitute “adultery” and have severe legal consequences. Now, the main concerns are how a new romantic partner will affect the negotiation of various divorce issues.

Moving In Together May Be A Bad Move

Moving in with a new love could be a big mistake if you are discussing child custody and proposing a plan to the court. The “best interests of the child” is always the priority of the courts, and it is hard to predict what the judge will think of exposing your child to a virtual stranger in their home.

Keeping The Peace In A Time Of Turmoil

Many issues in divorce can be settled amicably. But how will your ex and his or her attorney react to your moving on with your life? If you are seen as flaunting your new relationship, understandably, there could be anger and desire for revenge. This is not the time to aggravate someone you need to come to an agreement with.

We recommend prudence during divorce, a very emotionally turbulent time for all. Be very careful in the decisions you make. The Rowe & Manning Law Firm LLC can help you make decisions that will serve you in the long run.

The Role of a Baton Rouge Divorce Lawyer

There are a number of different ways that a Baton Rouge divorce lawyer helps their clients through the divorce process. Divorce law is often more complicated than it may seem. There is a significant amount of nuance in how the courts interpret the laws, and procedures will need to be followed properly. A good lawyer will make sure you are comfortable with where the process stands and understand what the next steps are.

Setting Expectations

In addition to helping you navigate the process of divorce, we can also help with setting expectations. One of the issues that can often be a factor in causing delays and prolonging the process is when one party has unreasonable expectations of what they will receive in the divorce.

It’s important to understand the limiting factors of divorce laws. Through both understanding the law and having significant experience with divorce, we can help you understand what is and isn’t reasonable to expect regarding the divorce agreement. This could help keep the process moving toward a resolution. However, we’re always prepared to fight tirelessly for the resolution that benefits you and your interests.

Providing Useful Advice

You may have a number of options available to you in the course of the divorce. When you have the chance to decide on what to accept or the direction to take on a particular issue, it’s critical that you have a full understanding of the implications of that decision. Your lawyer can help you consider the full scope of the issue and provide advice regarding your choices.

Ultimately, any decision you make will need to be your own. However, for many people, having someone experienced and knowledgeable to provide advice is particularly useful.

Filling Out Confusing Paperwork

As with any legal process, divorce involves a lot of paperwork, from petitioning the court to providing financial disclosures. It’s important that this paperwork be done properly and on time, or else there could be unnecessary delays or obstacles to pursuing your interests in the divorce.

By working with an experienced lawyer, you can be comfortable in knowing that paperwork will be handled properly and in a timely fashion. We can help identify the information that you will need to gather to be included in the petitions and filings, and once we receive it, we will see that it is submitted appropriately.

Strong Negotiation Skills

A vital component of a divorce lawyer’s role is to represent your interests in the negotiation process. There are several benefits to negotiating a divorce settlement rather than going to court. These benefits are the reason that most divorcing couples will at least attempt to negotiate an agreement before taking their divorce to trial. Some of the benefits include:

  • When a divorce goes through litigation, the decision is left entirely up to the judge. While they will attempt to understand the full scope of the marriage and the circumstances leading to the divorce, they will never be able to know as much as the spouses themselves. By negotiating a settlement, both sides will have more ability to influence the arrangement rather than risk whatever a judge will decide.
  • In most situations, working out a settlement can be a quicker alternative than taking the claim to court. This, of course, depends on how motivated both sides are to come to an agreement. If there is a lot of tension, conflict, and unwillingness to compromise, it could still take some time to reach a settlement. However, when you work with an experienced lawyer, they can help move the process along and avoid common hang-ups.
  • Divorce can be an expensive process, but avoiding a contentious court battle is often one of the most effective means of minimizing that cost. In part, this is because a settlement generally takes less time, so avoiding stalling in negotiations can be essential to keeping costs down.
  • Less Conflict. The nature of litigation is inherently contentious. Each side needs to make the strongest case for their interests and why the other side shouldn’t get what they are seeking. That naturally adversarial dynamic isn’t present in negotiation, where both sides will need to work together to resolve the situation. Negotiation requires a level of collaboration, which can mean less conflict than you might find in court.

Having a lawyer represent you in negotiations is crucial to giving your interests the strongest chance. There’s a good chance that your spouse will have a lawyer on their side, and having your own lawyer ensures a more even playing field. Having a lawyer negotiate on your behalf is also helpful because we can stay focused on the issues at hand without the emotional element that’s naturally a part of any divorce.

Help With Alternative Dispute Resolution

Alternative dispute resolution methods are popular ways of resolving conflict without going to trial. With mediation, a neutral third party helps both spouses compromise and come to an agreement. An experienced family lawyer can act as a mediator during the mediation process.

An attorney can also ensure your interests are represented during arbitration. With this method of ADR, an arbitrator hears both sides and then makes a decision.

Representation During the Litigation Process

There are some divorces where a settlement simply can’t be reached. In these cases, it’s likely necessary to go through litigation. The court will then decide how the particular concerns in the divorce will need to be addressed. Having an experienced lawyer represent you through the litigation process is critical to your case.

As experienced family lawyers, we know the way that judges interpret Louisiana divorce laws. This allows us to make a strong case on your behalf that includes the critical elements of what a judge will want to hear and understand about your position.

What You Want in a Divorce Lawyer

Once you’ve decided that you are getting a divorce or have been served papers, the choice of who you will have representing you and advising you as your lawyer is a critically important decision. There’s so much that depends on the outcome of the divorce, so you should feel confident that you have the right representation. Some of the most important traits to look for include:

  • Louisiana’s divorce law is particularly complex, especially since there are different laws governing covenant marriages. You’ll want to make sure you have a lawyer who has a strong grasp of these laws.
  • While knowing divorce law on paper is important, it’s also necessary to have worked with the law in practice. Experience is a vital teacher for divorce lawyers. It’s helpful to work with someone who has experience with a variety of different divorce cases, including those that are particularly challenging.
  • While the law provides a roadmap for divorce agreements and proceedings, there is room for divorcing couples to work out an agreement that will be most effective for them moving forward. Sometimes, this means coming up with solutions that differ from the typical options. It can help to have a lawyer who thinks creatively and recognizes how to put together a unique answer to a particular obstacle.
  • Strong Character. There’s no real advantage to taking shortcuts, acting duplicitously, or engaging in otherwise questionable behavior where the law is involved. You’ll want a lawyer who will act with integrity and honesty. Ultimately, someone with a strong character will be more effective at advocating for you and your interests.
  • Divorce is a lot for anyone to go through. It’s a tremendous upheaval and can be incredibly overwhelming. You should make sure you have a lawyer who is patient enough to recognize the challenges you’re dealing with in the process. They should be able to work with you at the pace you need while also helping you avoid a long, drawn-out divorce.

At the Rowe & Manning Law Firm LLC, we seek to embody these qualities and more as we serve our clients who are facing such a challenging time.

FAQs:

Q: Is There a Waiting Period for a Divorce in Baton Rouge?

A: There is a waiting period for a divorce in Baton Rouge. In most situations, including all no-fault divorces, there is a period of time during which the spouses will need to be living separate and apart before they can be divorced.

In the case of a divorce that does not involve any minor children, the waiting period is 180 days. However, if the divorce does involve minor children, the waiting period is extended to 365 days. Covenant marriages have a different set of rules, and in most cases, the waiting period will be significantly longer.

Q: How Long Does a Divorce Take in Baton Rouge?

A: How long a divorce takes in Baton Rouge can vary depending on the particular divorce. The applicable waiting period will need to pass in every situation. Beyond that period of time, the length of the divorce will depend on how agreeable the parties are to negotiate a separation agreement quickly or whether the details of the divorce will need to be worked out in court.

In some cases, divorces could be resolved relatively quickly following the waiting period.

Q: Can Divorce Orders Be Changed After the Divorce Is Final?

A: Some divorce orders can be changed after the divorce is final. Issues like property division are not likely to be changed after the divorce is finalized. However, it’s possible that child custody arrangements, child support, or alimony/spousal support could be modified if the situation warrants changes.

Generally, unless the former spouses come to an agreement on a change that the court approves of, a judge will need to make a decision on whether changes are appropriate. Usually, this requires a significant change in circumstances, such as a change in income or employment status.

Q: Do I Have to Have a Lawyer for a Baton Rouge Divorce?

A: You don’t have to have a lawyer for a Baton Rouge divorce, but this doesn’t mean you should go without one. Divorces are complicated, and your spouse will likely have a lawyer representing them.

It’s critical that you have someone on your side with experience and knowledge to ensure that you are treated fairly in the process. It’s also helpful to work with someone who isn’t directly emotionally involved, as they can help give you clear-headed advice. Without a lawyer, the divorce agreement might be unfavorable.

The Rowe & Manning Law Firm LLC Helps Our Clients Pursue Their Objectives in a Divorce

While divorce can seem long, tedious, and frustrating, once you are on the other side of the process, you can begin the next phase of your life. What is decreed and finalized in the divorce can play a significant role in what comes next. That’s why it’s imperative that you have strong legal representation to pursue your interests throughout the divorce process.

At the Rowe & Manning Law Firm LLC, our team is prepared to face even the most challenging of divorces. We have a thorough understanding of the laws governing divorce in Baton Rouge. In some cases, we may be able to help you negotiate an agreement with your spouse regarding the details of the divorce. When that’s not possible, though, we can fight for your interests in front of the court.

Bankruptcy And Divorce

Money And Divorce Often Have Predictable Links

One of the main factors that leads a couple to divorce is large debt. And unfortunately, divorce can lead otherwise financially stable couples into individual, unmanageable debt.

At the Rowe & Manning Law Firm LLC, our family lawyers have assisted divorcing couples with excessive debt problems. We understand the intricacies involved with debt relief during divorce. If you feel that you will be facing bankruptcy in divorce, our Louisiana attorneys are here to help. Contact our Baton Rouge law offices today to schedule your initial consultation.

Assessing Your Debt Relief Options

Most couples believe that bankruptcy may be their only way out from under unbearable debt during a divorce. If you find yourself thinking this, seek out skilled legal advice, as numerous circumstances ought to be weighed before pursuing bankruptcy as your debt relief solution. Such circumstances include:

  • Amount of debt: Do you have an excessive amount of debt? Is it with one creditor or many?
  • Type of debt: Are you struggling with credit card debt, medical bills or mortgage payments?

Depending on the answer to these questions, you may be better off pursuing debt consolidation or requesting payment modifications. If, after a thorough review, bankruptcy is the best solution for you, it is important to then consider certain factors such as:

  • Timing: Should you file for bankruptcy as a couple before finalizing your divorce? Or is it better to file once all assets and debt are divided and the divorce is complete?
  • Type: Is it better for you to file Chapter 7 bankruptcy (known as the liquidation chapter) or Chapter 13 bankruptcy (referred to as the wage-earner’s plan)?

As your dedicated bankruptcy and family law attorneys, we will provide you with all the information you require so you can make an educated decision about how you would like to move forward in life. We will ensure we put our cost-effective, efficient legal services to work in determining what your best option is and when to pursue it.

Contact Us

Whether you want to start divorce proceedings or have been served with divorce papers and have to act, the Rowe & Manning Law Firm LLC can help. Contact us today.

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