Gonzales Divorce Lawyer

Gonzales Divorce Attorney

The legal and emotional weight of a divorce can strain a family, but the right guidance helps ease the burden. Every family’s situation is different, and the law provides options to protect both spouses and children. Working with a Gonzales divorce lawyer can prevent unnecessary setbacks during a divorce. Working with an experienced Gonzales family lawyer can prevent unnecessary setbacks during a divorce and help ensure your rights are protected throughout the process.

Committed to Results

For over 15 years, the Rowe & Manning Law Firm LLC has guided Louisiana families through life-changing legal challenges. Our clients receive personal attention and strong representation. We are dedicated to our clients’ well-being and remain active in the Baton Rouge community through church and volunteer work.

Types of Divorce in Louisiana

Louisiana offers two main types of divorce: no-fault and fault based. No-fault divorce under Article 102 allows a spouse to file while still living together, but they must live separately for the required period before finalization.
Article 103 permits filing after the required separation period has already passed. Fault-based divorces are available for reasons such as adultery, felony conviction, or abuse. While proving fault can expedite the process, it often leads to more legal disputes.

Division of Property

Louisiana follows a community property system, meaning assets and debts acquired during the marriage are split equally unless an agreement or ruling states otherwise. Courts may alter the distribution if fairness requires it. Common factors that go into property division include:

• Nature of the property. Marital property includes income, real estate, and retirement accounts earned or acquired during the marriage. Separate property remains with the original owner. The distinction often becomes complicated with commingled assets or property that has appreciated in value during the marriage.
• Economic circumstances. Courts consider each spouse’s financial standing when dividing assets, especially if one party is at a financial disadvantage. They also consider contributions one spouse made to the marriage, like paying tuition costs or other large expenses. Future earning capacity applies in cases where one spouse sacrificed career opportunities for family responsibilities.
• Spousal agreements. Prenuptial or postnuptial agreements can impact property division. Courts enforce valid contracts, but marriages without a contract usually have to follow traditional community property laws. For agreements to be enforceable, they must meet financial disclosure requirements and be created without duress.
• Misuse of assets. If one spouse wasted marital funds on things like gambling or affairs, the court may adjust the division to compensate the other party. This requires clear evidence of spending that did not benefit the marriage.

This process might coincide with other processes during a divorce, like child support or spousal support.

Child Custody and Support

Custody decisions focus on the child’s well-being. Joint custody is encouraged, though one parent may receive sole custody if warranted. Factors like the child’s age, emotional needs, and the stability of each parent’s home will influence these decisions. Child support is based on both parents’ income and how many children are involved. Courts use Louisiana’s child support guidelines to determine payment amounts.

Spousal Support

Spousal support may be awarded based on financial need and the paying spouse’s ability to provide it. Temporary support may be granted during the divorce, while permanent support is considered if one spouse lacks sufficient means after the divorce. Fault can impact spousal support, as a spouse who committed adultery can be denied long-term support.

Legal Process and Timeline

Louisiana requires at least one spouse to be a resident for six months before filing. The process starts with a petition, followed by serving the other spouse. If uncontested, finalization may be quick after the required separation. Contested cases involving custody, property disputes, or spousal support take longer and may require multiple court hearings.

Common Divorce Challenges

Divorces often involve disputes over finances and support obligations. Property division can become contentious when assets are difficult to split. High-conflict custody cases require thorough evaluations and may involve professional witnesses.
Spousal support disagreements arise when one party claims financial hardship while the other disputes their ability to pay. Each case presents unique legal and emotional challenges that require careful handling.

FAQs About Divorce Law in Gonzales, LA

What Are the Legal Grounds for Divorce in Louisiana?

The legal grounds for divorce in Louisiana depend on whether it is a fault-based or a no-fault divorce. No-fault divorce is the most common and requires spouses to live apart for a set period before finalizing the divorce. The time period differs based on whether there are minor children involved. Fault-based divorce may be pursued if one spouse can prove adultery, physical or sexual abuse, abandonment, or a felony conviction.

What Is the Difference Between a Fault and No-Fault Divorce?

The difference between a fault and no-fault divorce is the requirements behind them.  A no-fault divorce requires spouses to live separately for a specific period before the court grants a final divorce decree. This process does not require proving misconduct. A fault-based divorce, by contrast, requires one spouse to prove wrongdoing. While fault-based divorces can sometimes be resolved faster, they often involve more legal disputes and require substantial evidence.

How Is Property Divided in a Divorce?

Property is divided in a divorce through community property laws in Louisiana. Assets and debts acquired in the marriage are generally split evenly unless a different arrangement is agreed upon or ordered by the court. Each spouse typically retains separate property, which includes assets owned before the marriage, inheritances, and gifts received individually. Courts also consider factors like financial contributions and economic circumstances.

Who Gets Custody of the Children in a Divorce?

Who gets custody of the children in a divorce is based on the interests of the child. Judges consider factors like the child’s relationship with each parent and both parents’ ability to provide a stable home. Louisiana law encourages joint custody when possible, but one parent may receive sole custody if it benefits the child. Child support is based on income, the child’s needs, and parenting time.

Contact the Rowe & Manning Law Firm LLC

Divorce is a legal process, but it is also deeply personal. Each decision affects finances and future stability. While the process ahead may feel uncertain, legal guidance can clarify each step. Legal guidance can provide reassurance and direction during this challenging time. For a consultation, contact the Rowe & Manning Law Firm LLC today.