Exceptional Legal Representation in Divorce, Family Law and Child Custody
Not all divorces are a battle, but all divorces do require a lawyer.
Charles Branton is an experienced divorce attorney who can guide you through every step of the way—no matter the specifics of your divorce. Divorce is emotionally difficult, even when it is uncontested. Your former spouse is now your adversary. Charles Branton understands this. He will patiently walk you through the process and explain any aspects you do not understand.
When you work with an experienced legal professional you are no longer burdened with the responsibility of understanding complex legal divorce issues on your own. Let attorney Charles Branton help you navigate hurdles such as property ownership rights, name changes, fault vs. no-fault divorce, and more.
Charles Branton understands that the costs of divorce can harm and damage a family. In addition to offering selected flat fee agreements for divorce and community property issues, he will also provide a detailed listing of all potential options during your free initial consultation. Branton Law Firm prioritizes finding the most efficient and cost-effective way to resolve your legal issues.
Considering separation or divorce?
Charles N. Branton has over thirty years of experience helping clients through their divorce issues and he will make sure that you understand your rights and options before you take that step.
Read Charles Branton’s blog post, “Divorce: 7 Things to Do Before You File.”
Louisiana’s divorce laws can be very confusing. Louisiana has fault and no fault divorces under Articles 102 and 103 of the Louisiana Civil Code. A no fault divorce under Article 102 simply means that the husband and wife have separate and apart, without getting back together as man and wife (this is called reconciliation), for the period of time required by law.
If there are no minor children of the marriage, then a divorce can be finalized after 180 days from the service or the signed waiver being filed in the court record. If there are minor children in the marriage, a no fault divorce will normally take 365 days from the time that someone is served or the waiver of services is filed in the court record. If you file for the final divorce before the expiration of these deadlines, a divorce may not be valid.
An important decision is whether to wait until the time required by law has been reached and then file or file early and then wait out the time period. A risk in waiting is that the other spouse may be incurring debts and other obligations which may be considered a community debt. In most instances, it is better to go ahead and file for the divorce and deal with the other issues including child custody, use of vehicles, child support, spousal support (alimony), use and occupancy of the home early on in the case. It is often better to get these issues resolved well in advance of the divorce. You can also use this time frame to start addressing the community property issues and trying to settle those as well.
If you are looking for an experienced family law attorney, contact Charles Branton today and set up your free consultation before making a decision that can affect your life forever.
FREQUENTLY ASKED QUESTIONS REGARDING LOUISIANA DIVORCE LAWS
I am getting divorced. Do I need an attorney?
Normally, it is smart to consult with a family attorney about such major life events and changes as divorce, custody, and community property. At the Branton Law Firm, we will protect your rights as well as the rights of your children. We keep current with the law concerning marriage, divorce, property, custody, visitation and support.
What are the legal grounds for obtaining a divorce in Louisiana?
Please see the segment on divorce law. There are fault based and no fault based grounds for divorce. Fault based grounds for divorce include adultery, abuse, domestic violence, and conviction of a felony. Non fault bases for divorce usually revolve around a time period for marriages in which there are minor children and the time period for marriages in which there are no minor children.
How is property divided in a divorce?
The spouses are always free to divide property as they see fit. However, Louisiana is a community property state. Unless there is a prenuptial agreement or a postnuptial agreement rejecting the laws on community property, property acquired during the marriage by the efforts of either spouse is normally considered community property. Property that is inherited or specifically given to one of the spouses is normally considered separate property. These can be very complex issues.
Fault Based Divorce
In Louisiana, there are four separate fault based divorce proceedings. In each case, if there is the necessary proof of the offense, the divorce will be granted without any further delays. The fault based divorce proceedings may be filed when:
- The other spouse has committed adultery. You will need more proof than someone just admitting it on the stand. Usually, Courts require corroborating evidence or a corroborating witness.
- You may obtain a fault based and immediate divorce if you can prove that the other spouse has committed a felony and has been sentenced to death or imprisonment at hard labor. Proof in these cases is normally a certified copy of the Court proceeding showing the guilty plea or conviction and the corresponding sentence.
- If the other spouse physically or sexually abused you or one of the children of the marriage, you may obtain an immediate divorce, even if the other spouse was not prosecuted for the act of abuse.
- If the other spouse was named in a Protective Order or Injunction under the Louisiana Protective Order Statute, and an Order of Protection was issued in your favor or in favor of protecting one of the children of the marriage, you may be entitled to seek an immediate divorce.
These areas can get very complex and if you are going to consider divorce or are in the midst of a divorce case, you need an experienced attorney to guide you through your various options and how they may affect you and your children. Call Charles Branton at 985-807-1410 for further information.
Contact Branton Law Firm today at (985) 807-1410 to schedule your free, confidential consultation with Charles Branton.