Baton Rouge Family Attorney
Family law issues can be incredibly difficult, but one way to make them less challenging is to work with a Baton Rouge family lawyer. Their assistance can help provide clarity on issues like divorce, child custody, and other family law issues. With the right guidance, you can achieve a resolution that works for everyone involved in a complicated family law situation.
Dedicated Family Law Support
The attorneys at Longman Jakuback bring an abundance of experience to every family law case. We are committed to handling cases with dedication and professionalism. Our clients feel secure when working with us because they know their legal matters are in safe hands. We foster trust and confidence by promoting transparent and honest communication with our clients.
Working Through the Divorce Process
The divorce process officially starts when one spouse creates a divorce petition and files it with the court. Once this step is complete, these papers are served to the other spouse. The spouse has a certain timeframe to respond by either agreeing to or resisting the terms of the petition. This decision can lead to additional hearings in court or outside negotiation processes.
Both spouses and their attorneys typically exchange financial and personal information during this period to begin dividing property. In most cases, the property is divided evenly between each spouse unless they come to an alternate agreement.
In certain situations, spousal support or alimony might be awarded to one spouse if they have a significant financial need. This is usually temporary, and the amount differs based on how long the marriage lasted, how much money each spouse earns, and each spouse’s expected standard of living before and after the divorce. The goal of spousal support is to make sure that both spouses are able to live independently after the divorce is finalized.
Establishing Child Support and Custody
Child support and child custody are some of the most important issues in family law. Courts may award joint custody where both parents are able to influence decisions about the child, but they sometimes award sole custody to one parent, depending on the situation. It is important that the child is able to live in a safe environment after the divorce, and the courts take this into consideration when making child custody decisions.
Child support is usually calculated based on Louisiana’s formula. This equation compensates for the difference in each parent’s income, how much the child needs, and how much time each parent is spending with the child. Child support payments are normally only meant to cover basic expenses like housing, food, and medical expenses, but the court can order additional payments based on individual circumstances.
If one or both parents’ financial situation changes after the initial agreement is made, child support or custody orders can be changed. This must be done via a formal petition, allowing the court to review the situation and determine whether or not an alteration would be effective for the child’s living situation. It’s important for both parents to stay somewhat flexible and communicate openly to help make sure that their child’s needs are met.
Domestic Violence and Family Law
Domestic violence can have a significant impact on a family law case and can influence many decisions in a divorce or child custody order. Victims of domestic violence can get a protective order against the abuser to protect them. These orders can also provide child custody and support for a limited time to protect both the victim and their children.
If domestic violence is present, it might seriously affect one’s chance of custody. Courts prioritize children’s safety and well-being, and can limit an abuser’s custody or visitation rights if they are suspected of putting the child in harm’s way. In some cases, it might be necessary for the accused to visit their child under supervised watch to prevent further violence.
A Baton Rouge Family Lawyer can be an important asset when determining your rights if domestic violence is involved. Addressing domestic violence in family law requires compassion as well as an aggressive strategy to make sure that everyone involved is safe.
Establishing Legal Rights Through Paternity
If a father establishes paternity of a child, they receive more rights and responsibilities surrounding child custody and child support. There are many different ways of establishing paternity. If both parents agree on paternity, they can sign a voluntary agreement granting paternity rights. If paternity is contested, it might be necessary to use DNA testing for confirmation.
Paternity comes with both rights and responsibilities. While confirming paternity allows the father to seek custody of a child, it might also require them to pay child support to make sure the child’s well-being is supported. These types of cases can be complex and can require many different considerations. Those involved in complex cases can benefit from legal guidance.
Why Do I Need an Attorney?
An attorney in Baton Rogue, LA can provide assistance with many different types of family law cases and can represent their clients in court. In a divorce, an attorney can assist their clients in learning more about their options. Although attorneys are traditionally helpful in court, they can also recommend alternative forms of dispute resolution like mediation or arbitration that could save their clients time, money, and emotional hardship.
Attorneys also help negotiate fair settlements between spouses. Property division discussions can be contested, but an attorney can make sure their clients’ rights are respected and that property is divided fairly. If spousal support is needed, it is important for an attorney to review the agreement to make sure it is fair for both spouses.
One other issue that can be complicated in a divorce proceeding is the paperwork. There are usually strict filing deadlines for certain aspects of a divorce that could result in adverse consequences if they are not met. Family lawyers can make sure paperwork is filed on time and done correctly to avoid costly mistakes and delays that can lengthen the overall timeframe of the divorce.
A Baton Rouge Family Lawyer can act as an advocate for children involved in difficult custody decisions. They can help with things like gathering evidence and developing a sound parenting plan to make sure the child will be taken care of while maintaining each parent’s financial situation. Attorneys can also assist with modifications to existing orders to address changes in circumstances. The legal experience and knowledge of an attorney can help make sure their clients are treated fairly.
Most importantly, a family lawyer can provide information and communication. Family law issues can become very emotional, so it can be beneficial to have a third party involved to keep the proceedings on track.
FAQs
A: The process for filing a divorce involves several steps. The first step is to prepare and submit a divorce petition to the local court. After this petition is filed with the help of a family lawyer, the papers must be officially served to the other spouse. This typically cannot be done by the filing spouse and must be done by a third party. The divorce process can take negotiations as well as court hearings and ends with a formal court order.
A: Child custody is determined in a family law case based on what situation benefits the child most. Many judges will review several factors when determining custody, including the child’s age as well as medical, emotional, physical, and social needs. In some cases, the child’s preferences may be considered if the child is old enough to express an educated preference. Overall, child custody is meant to provide a stable environment for the child.
A: Property is divided based on community property principles. This means that property that was received or bought during the marriage is split evenly between spouses. If a property was acquired before marriage or specifically given to one spouse, it might only go to that spouse. Other factors can include how long the marriage lasted, the financial situation of each spouse, and whether one spouse significantly financially contributed to the marriage.
A: Mediation can help resolve family law disputes by helping relevant parties reach an agreement outside of a courtroom. This is done with the help of a neutral mediator who is focused on collaboration and encourages communication. Mediation can be a less stressful way to negotiate key elements of a divorce. It can also lead to a more satisfactory resolution because each party can have more control over the process.
Helping Clients With a Diverse Range of Family Law Cases
Our firm is known for offering professional and reliable legal services. In family law, assertiveness and strategic planning can make all the difference. Make sure you and your loved ones’ rights are protected by seeking legal representation. Schedule a consultation with Longman Jakuback today to receive an honest assessment of your case and learn about your potential next steps.