Baton Rouge Divorce Lawyer

Considering a divorce in Louisiana? Learn how our firm can help!

Making the decision to file for divorce is never easy, but it can be particularly contentious when you must resolve the matters of child custody, property division and debt allocation. For this reason, it is highly recommended that you involve a Baton Rouge divorce attorney in the process if you are interested in obtaining a permanent separation from your spouse. The Law Office of Wendra J. Moran is well-versed in all aspects of family law—in addition to our estate planning practice—so we encourage you to find out how we can assist you. Whether you would like to initiate an uncontested divorce or you are interested in taking your case to court, our firm will do everything in our power to ensure that your rights are upheld throughout the entire process. Contact our office at (225) 228-4445 to learn more.

Uncontested Divorce vs. Contested Divorce

In the state of Louisiana, a couple can choose to resolve the matters of their separation through a contested or uncontested divorce—the main difference being that the process will either be handled inside or outside of the courtroom. An uncontested divorce can be initiated if both parties are willing to resolve the matters of their divorce amicably. This must include coming up with a viable child custody arrangement, dividing the community property equitably, settling on a suitable amount of spousal support, etc. Should the couple fail to agree upon any of these issues, they will need to take their case to court—which would subsequently make the divorce proceedings "contested." An uncontested divorce can save a couple time and money, but both parties must be willing to cooperate during mediation. Fortunately, our Baton Rouge divorce lawyer can help you to figure out what course of action is right for your case.

Examining the Divorce Requirements in Baton Rouge, Louisiana

In order for a couple to legally file for divorce in Louisiana, at least one spouse must be a resident of the state for six months, or 180 days before filing a divorce petition. The separation can then be carried out on fault or no-fault grounds, depending on the circumstances of the couple's relationship. Most divorces are filed on a no-fault basis, but one party may wish to claim fault if they are interested in gaining the upper-hand in a contentious child custody battle or obtaining a more favorable spousal support settlement. Possible faults may include instances of adultery, desertion, substance abuse, etc. These circumstances could be used by one party to show that the other is incompetent to care for a child, for example—thus giving the court more of a reason to award the "innocent party" a more favorable custody arrangement.

Is it always necessary to hire legal counsel when filing for divorce?

Although you are not required to hire an attorney when filing for divorce, it is highly recommended that you do not overlook the importance of doing so. There are several critical decisions that must be made throughout the process, so it may be necessary to consult with a legal processional in order to better understand your rights. Failing to do so could jeopardize your chances of securing a favorable settlement, especially if the other party has made the decision to hire legal counsel, so the Law Office of Wendra J. Moran encourages you to at least sit down with the Baton Rouge divorce lawyer at our firm. Once you have had the opportunity to discuss your case with an attorney, you can then make the decision to move forward with or without representation.