FAQs

Yes, you will need a divorce attorney for divorce if you have children, own property together, or have accumulated retirement benefits.

If the divorcing couple cannot agree upon how their assets and liabilities will be divided, then the courts will decide how the divorcing couple's asset and liabilities are divided in a process called, partition. Partition is designed to equitably distribute the assets and liabilities of the divorcing couple.

In Louisiana, alimony is referred to as spousal support. Spousal support provides financial assistance to a spouse in need of support. There are two types of spousal support: 1) interim periodic spousal support and 2) final periodic spousal support. Interim periodic support is received during the divorce process and is determined by need and ability to pay. It maintains the economic status of the receiving party during divorce. Final periodic spousal support is received after divorce and is determined by fault, need and ability to pay, along with several other factors, such as duration of marriage, education of party, health and age of parties, earning capacity, etc.

Custody of children is determined by the best interest of child derived from several factors, such as mental and physical health of parties, moral fitness, home, school and community environment, permanence as a family unit, length of time child has lived in a stable, adequate environment, etc.

Estate planning is the exercise of an individual's right to decide how, when and who should receive his/her assets.

A well-crafted estate plan allows an individual to avoid the probate process, a costly and time-consuming process whereby the state determines who will receive your assets

Under Louisiana family law, guardianship is called interdiction. It is the process of letting the courts determine whether an individual is competent to handle his/her affairs.

Beneficiaries are only taxed if an inheritance exceeds the amount of federal income tax bracket.

Probate is the judicial process by which a decedent's estate is valued, beneficiaries are determined, an executor in charge of estate distribution is declared, and the estate is legally transferred to the determined beneficiaries.

A conservator is a person appointed by a court to be responsible for managing an interdicted person's financial and medical decisions. A conservator may also be responsible for marshalling, protecting, and managing the interdict's assets that remain in their estate.