In Divorce, An Experienced Lawyer Is Invaluable
Last updated on July 18, 2024
While dealing with the complex divorce process involved in claims for child support, child custody, alimony and community property partitions, an experienced attorney is an invaluable resource. For more than three decades, Metairie divorce lawyer R. Scott Buhrer has served as the trusted advocate that clients need as they address the often difficult issues involved in ending their marriages.
Mr. Buhrer keeps clients up to date about their cases and takes the time to ensure his clients are able to make well-informed decisions. He provides the personal attention and individualized advice that clients need during this difficult time in their lives.
Fault-Based And No-Fault Divorce In Louisiana
In Louisiana, divorces fall into two categories: fault-based and no-fault divorces. Fault-based divorces require specific grounds and are available only in cases of adultery, or where one spouse is convicted of a felony and is sentenced to jail for more than one year. There are essentially two types of no-fault divorces. These include:
Article 102 divorces: Spouses file for divorce immediately. If minor children are involved, divorces are not granted until one year after the divorce petition is served. If minor children are not involved, a divorce can be obtained six months after the service of the petition.
Article 103 divorces: Spouses live apart for six months or one year and then file for divorce. If minor children are involved, the spouses must have been separated for at least a year before a divorce can be obtained. When there are no minor children, the couple only needs to be separated for six months.
Mr. Buhrer walks his clients through each of these options and offers advice about which one he thinks is appropriate, given each client’s unique circumstances. When giving this advice, Mr. Buhrer draws on his years of legal experience and recognized extensive knowledge in the area of family law.
The Divorce Process In Louisiana
Whether you want a fault-based or no-fault divorce, the first step is a consultation with an experienced divorce lawyer who can help you determine your strategy and draw up any necessary paperwork. In order to divorce, you will need to resolve a variety of issues, including:
- Dividing your property and debt
- A parenting plan for any minor children and decision-making authority
- Financial support for any children, based on Louisiana’s guidelines
- Spousal support (alimony), if appropriate
You can resolve these issues through negotiation, using mediation or going to court. The more issues you can resolve outside of court, the less contentious and costly your divorce will be. If you can resolve all the issues without court intervention, you will submit your agreement to the court and possibly attend a short hearing where your agreement will be made into a court order.
Frequently Asked Questions About Divorce
As a divorce lawyer, Mr. Buhrer gets a lot of questions. Here are some common ones and their answers.
What kinds of divorces are there? What’s the difference?
There are two main kinds of divorce in Louisiana: fault-based and no-fault. You can file for divorce based on fault, if you wish. The grounds for fault-based divorce include adultery, physical or sexual abuse, and conviction for a felony crime with a sentence of imprisonment or death. If you choose to file a fault-based divorce petition, you will be required to prove the grounds.
Alternatively, you can file for a no-fault divorce. There are two types, depending on whether you would prefer to file immediately or live separately instead before you file. In either case, there is no need to claim your spouse was at fault. Your divorce lawyer can help you decide which type of divorce is best for you.
If my spouse does not want to get a divorce, can they stop me?
No. In the past, people had to make a legal case for fault before they could get a divorce. Their spouse was entitled to defend him- or herself from the allegations. Today, however, Louisiana allows no-fault divorce. All that is required is for one spouse to file and go through a waiting period. Even if your spouse refuses to sign the divorce papers, your divorce will be granted.
My spouse and I have gone out on a date since our separation. Is that considered a reconciliation?
It depends on exactly what happened and what you intended. You might be considered reconciled if you start living together again with the intent to resume the marriage. Judges decide whether spouses have reconciled on a case-by-case basis. However, this only comes up when one spouse is opposed to the divorce. The spouse who is opposed could claim reconciliation, which could derail your divorce. However, they would have to prove intent to resume the marriage. If they did, you could refile the divorce if you still intend to dissolve the marriage.
Does my will automatically change if I get divorced?
No. You need to take action and update your estate plan if your spouse is listed as a beneficiary. Additionally, you will need to update your beneficiary designations on any life insurance policies and retirement accounts you have.
Contact A New Orleans Divorce Lawyer Today
To arrange an initial consultation, contact the Buhrer Law Firm online or by calling 504-541-6997 or 800-636-0784. The Buhrer Law Firm is located near Lakeside Mall in Jefferson Parish and has readily available street-level parking.
