FAQ
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Family Law FAQ
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What’s the Difference Between a Divorce and Separation?Divorces and legal separations are similar in that negotiations must still be made for both, especially if children are involved. However, they differ in that a couple is no longer married after a divorce, while spouses are still legally married after a separation. There are many reasons a couple may decide to remain legally married, one being that there are notable tax and healthcare benefits for married couples. Some couples stay married if they believe there is a chance for reconciliation in the future.
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Can Child Support Amounts Be Changed?Courts understand that life can be unpredictable, so parents can file an order of modification to change the amount of child support they must pay monthly. You can request both an increase and a decrease in payments. One reason many parents ask for a decrease in the amount of child support is because they’ve lost their jobs.
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How Long Does It Take to Get Divorced in Louisiana?No-fault divorces are granted in Louisiana after couples have filed a petition and then lived apart for 180 days or more if no children are involved, or for 365 days if there are minor children in the marriage. No-fault divorces are the most common form of divorce, but an at-fault divorce is favorable for couples who want to seek custody of their child or have a dispute with their spouse.
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How Is Child Custody Determined?Despite the popular misconception that judges typically award child custody to the mother, courts consistently award custody based on the best interests of the children involved. To make the determination, courts examine a variety of factors, some of which include each parent’s ability to nurture and provide financially for their child, what the existing relationship is between each parent and child, the physical and mental health of each parent, and the child’s preference if they are deemed old enough.
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