Lafayette Family Lawyer

Experienced Family Law Attorney in Lafayette, LA

Discover Reliable Legal Support for Your Family – Lafayette Divorce and Custody Attorney

Family law encompasses cases like divorce, child custody, adoption, the rights of family members, and protection against domestic violence. These cases involve numerous interpersonal complexities, and they can often be very serious and stressful. A skilled Lafayette family lawyer is instrumental when you are attempting to navigate these cases, protect your loved ones, safeguard your financial well-being, and move forward with your life.

Chris Villemarette, Trial Lawyer: Advocating for Families in Lafayette

Recent social trends suggest a decline in divorce rates within the Lafayette area. However, legal challenges within families still persist for numerous couples and parents. If you find yourself navigating a marital disturbance or undergoing child-related changes, you can confidently turn to attorney Chris Villemarette for guidance tailored to your needs.

Your family’s well-being hinges on crucial decisions, making it essential to have an advocate who understands your unique circumstances. Chris Villemarette is a highly skilled trial lawyer and family law attorney. Our firm is dedicated to supporting individuals through a variety of family law issues.

When you choose the law office of Chris Villemarette, Trial Lawyer, we will begin by understanding your family’s issues and objectives for resolution. From there, we can take decisive action to address your divorce, child custody case, child support issues or any other family law matter.

From Assertive Negotiation to Aggressive Representation, Trust Our Law Firm

It is crucial that the family law attorney you work with understands your case, knows the sensitivity of the matter, and has the resources to successfully handle the case. At the law office of Chris Villemarette, Trial Lawyer, we provide exceptional legal services across a range of family law areas, including:

Divorce

Divorce can take many forms, from spouses amicably negotiating in mediation to contentious court battles. Spouses may agree on how to split the finances and arrange custody of their children, or they may not.

Our firm can provide you with compassionate support and guidance through uncontested or contested divorce proceedings. Divorces can involve multiple other family law cases at the same time, increasing their complexity. The process can be difficult and financially draining. The right attorney can protect your interests, seeking a resolution that meets your goals.

Property Division

Dividing marital assets and debts is a part of almost every divorce. We can use our knowledge of Louisiana’s community property laws to determine how marital property and individual assets would be divided. In this state, each spouse is entitled to an equal portion of marital property.

All property must be valued and categorized. If spouses do not want the court to divide their assets and debts, they could try to negotiate a different arrangement. An attorney can help couples find fair solutions that the court is likely to approve.

Spousal Support

Spousal support, or alimony, can be either a temporary or permanent order to set up a fair financial outcome. It is not included in every divorce. Determinations for alimony are based on the income and financial resources of each party. The intention is to help each spouse maintain a similar standard of living during and after a divorce until they can provide for their own financial needs.

Temporary spousal support is known as interim support, whereas permanent support is called final periodic support. Being at-fault in a divorce proceeding permanently disqualifies spouses from receiving final support.

Child Custody and Visitation

Our firm can provide you with dedicated advocacy for protecting your children’s best interests and safeguarding your parental rights.

Child custody determinations are necessary whenever parents divorce or separate. Custody can be awarded in two ways. Legal custody allows a parent to make decisions for their children. Physical custody designates where children are going to live. Decisions are based on the child’s interests, which may include sole or shared custody. If the parents can’t agree, then the court decides.

If sole custody is awarded, the non-custodial parent may have visitation rights. Visitation is an important part of the custody and parenting plan process, and our goal is to seek quality time for parents and children to maintain strong bonds.

Our firm can support you by diligently advocating for your child’s well-being and your parental rights.

Child Support

When a custody arrangement is made, so is a child support determination. This makes sure both parents contribute equally to the financial responsibility they have for their children. Payments may be made by a higher-earning parent, the parent with less custody time, or the parent who is not responsible for certain childcare costs. Establishing equitable and reasonable child support arrangements is crucial.

Child Support Enforcement

Support enforcement is necessary when the parent responsible for payments fails to provide the required financial support. Our firm can petition the court for legal measures, including wage or bank account garnishment, to enforce child support obligations.

Modifications to Child Custody and Support

The family court understands that your family’s circumstances can change. Adapting custody and support agreements to changing circumstances is necessary so the court orders remain fair and in the child’s interests.

Stepparent Adoption

When parents marry, they may wish to adopt the other’s biological children. This can bring a family together and make sure both parents have parental rights. Our firm has significant experience in navigating the complexities of stepparent adoption.

Paternity Actions and Fathers’ Rights

Establishing paternity is necessary when parents are unmarried. This can be done through voluntary action by both parents, or the court can order a paternity test to be administered. Our firm is dedicated to upholding fathers’ rights and helping parents with establishing paternity.

Grandparents’ Rights

When parents divorce, the custody of their children must be determined. Many grandparents worry about their ability to see their grandchildren. An experienced attorney can protect the rights of grandparents to maintain meaningful relationships with their grandchildren.

Domestic Violence and Protection Orders

Our team has experience in providing support and legal protection in cases of domestic violence. We understand the sensitivity and care that is needed, and our team can explain your options.

How a Skilled Family Law Attorney Can Help

When you are navigating a complex family law case, you could benefit from a dedicated family law attorney. You may be unsure what form of divorce is right for you. Perhaps you want to advocate for custody of your children. No matter the situation, an attorney can guide you through the laws and take the right steps to protect your future.

Understanding Louisiana Divorce Law

Louisiana divorce laws offer several paths for dissolving a marriage. If you decide to file for a divorce, the first decision you must make is whether to file for a no-fault or a fault-based divorce.

No-Fault Divorces in Louisiana

No-fault divorces require couples to live separately for either 365 or 180 days before they can be divorced, depending on whether they have minor children. This period can begin either before you file for divorce if you are filing under Article 103 or after you file for divorce if you file under Article 102.

There is one primary procedural difference between Article 102 and Article 103 divorces. After a couple files their initial divorce petition and completes the required separation period, they must take a procedural step called the “rule to show cause.” This asks the court to grant the divorce based on the fact that the two spouses have continuously lived separately.

Fault-Based Divorces in Louisiana

Article 103 outlines grounds for fault-based divorces, which allow couples to separate immediately without the need for a waiting period. They include:

• Adultery
• A felony conviction that leads to the death penalty or imprisonment with hard labor
• Physical or sexual abuse of any child or of one spouse by the other
• The issuance of an injunction or a protective order during the marriage

If you think that you may have cause to file for a fault-based divorce, you should carefully document everything, including:

• Text messages
• Medical records
• Police reports
• Protective order filings

If you’re not sure whether you have grounds for filing for a fault-based divorce, ask your lawyer.

Divorces and Covenant Marriages

Louisiana is one of the few states that allows covenant marriages, which require making specific commitments to each other. These marriages can be harder to dissolve. Getting a divorce in a covenant marriage typically requires that couples undergo counseling before filing for divorce. The grounds for a divorce in a covenant marriage must be fault-based, or the couple must live apart for at least two years under Louisiana Revised Statute 9:237.

What to Expect at the Lafayette Parish Courthouse

In Lafayette, family law cases are processed in the 15th Judicial District Court. Your first step in a family law case involving child custody, visitation, support, or spousal support is to attend a Hearing Officer Conference. This less formal conference involves meeting with a hearing officer to discuss a settlement.

The officer helps the parties involved attempt to reach a compromise. If you both agree to it, a Consent Judgment can be drafted and signed on the spot. If you don’t, the officer must write a formal recommendation to the assigned judge, and the case must proceed to court. Family law proceedings are typically handled in a single day, with time limits imposed for how long each side can take to present their arguments.

The trial process typically involves brief opening statements, calling witnesses from a pre-submitted witness list, and presenting evidence to support your case. The opposition also gets the opportunity to present their case.

In custody hearings, if there is a court-appointed mental health professional who conducted a custody evaluation, they also testify regarding their recommendations. In some cases, judges privately interview mature children in their chambers to hear their preferences instead of having them testify in open court.

Preparing for Family Court

Your trial at the Lafayette Parish Courthouse may be short, but you and your lawyer have a lot of work to do before it arrives. You must:

• Make sure you meet all the applicable pre-trial requirements, which can include the exchange of exhibit lists, witness disclosures, and pre-trial briefs.
• Meet all the deadlines for submitting pre-trial documentation.
• Prepare your case.
• Neatly organize your documents, financial records, and evidence before court.

If you’re concerned about what to expect at court or general courtroom etiquette, feel free to direct any questions you may have to our legal team. We can prepare you by letting you know how each step of the process can be expected to proceed and what role you must play in the trial process.

Why Hire a Lafayette Family Lawyer?

According to the CDC, Louisiana has a divorce rate of 0.9 divorces per 1,000 residents as of 2023, which is much lower than most states. If you’re one of the people considering dissolving your marriage, a low overall divorce rate doesn’t help you, though. You still need to hire a family lawyer to represent your case. Your lawyer can provide you with guidance, advice, and advocacy through every step in the legal process.

Divorce isn’t the only family issue that a Lafayette family attorney can help with. Regardless of the type of family dispute you are facing, you can trust your lawyer to explain the relevant family laws. They can also explore options for mediation or resolving your family law case through a courtroom trial. Working with a lawyer is an effective way to pursue a positive outcome in your case, no matter what it is.

Chris Villemarette’s Commitment to the Lafayette Legal Community

Chris Villemarette has been practicing law since 1994 after completing his degree at the Mississippi College School of Law. He has handled hundreds of trials and argued cases before the Court of Appeals and the Louisiana Supreme Court. As a member of both the Louisiana State Bar Association and the Lafayette Parish Bar Association, he has what it takes to manage even complex cases.

FAQs

Q: How Much Does It Cost to Hire a Family Lawyer in Louisiana?

A: The cost of hiring a family lawyer in Louisiana varies. Most family lawyers charge an hourly fee. However, for very straightforward cases, such as a review of a marital agreement, the case may be charged a flat fee. The fees in a case depend on the attorney’s knowledge, education, and experience, along with the complexity of your situation. If your case is expected to go to trial and possibly require expert witnesses or other resources, you can expect higher fees.

Q: What Does a Family Lawyer Do?

A: A family lawyer handles cases in the family law court system, including those involving divorce, separation, children, and other civil family needs. Divorce cases tend to involve numerous types of family law issues at once, including division of marital property, determining spousal support, and deciding child support and custody if the couple has children. Family law also encompasses paternity, adoptions, and marital agreements. A family lawyer’s job is to help individuals and their families navigate this process.

Q: Can You Go to Family Court Without a Lawyer?

A: Yes, you are legally allowed to go to family court without a lawyer, but it is not recommended. Family law is complex, and a case’s outcome can significantly affect you and your family. Working with a family lawyer means you have a professional who can explain your situation, your rights, and the likely outcomes of a family law case. Your lawyer can provide you with legal advice in a divorce, separation, or other case while pursuing the ideal outcome.

Q: How Does a Family Lawyer Help You?

A: A family lawyer helps you in many ways, including:

• Providing professional and emotional support as you navigate the legal process
• Meeting critical deadlines for filing and court appearances
• Outlining your options for the case
• Enabling you to make an informed choice about how to proceed
• Gathering the proper documentation, such as financial documents for property division or evidence in a petition for a protective order
• Advising you in mediation
• Representing you in court

Q: What Is the Burden of Proof in Family Law Court?

A: The burden of proof in family law court depends on the issue being decided. Generally, it involves showing that a preponderance of the evidence indicates that the case you are arguing has merit. Because family court is a part of the civil court system, the standard of proof is generally lower than that in criminal court, which requires the prosecution to prove its case beyond a reasonable doubt.

Contact Our Experienced Lafayette Family Law Attorney

Chris Villemarette, Trial Lawyer, advocates for Parental Rights and Children’s Interests. Whether you are a mother or father, safeguarding your child’s best interests during divorce or custody disputes is paramount. I understand the importance of this responsibility and can work tirelessly to help you reach a resolution that sets a positive course for your family’s future.

At the law office of Chris Villemarette, Trial Lawyer, we recognize that the role of fathers as primary caregivers is sometimes overlooked. If you are a father, especially one who has been the primary caretaker of your child, we can effectively present your pivotal role in court while protecting your rights during custody proceedings. Drawing from his extensive experience as a trial lawyer in Lafayette, Chris Villemarette has honed his dispute resolution skills in these matters, and he can deploy them to your advantage.

Book a Consultation with an Experienced Lafayette Family Lawyer

To schedule a consultation with a seasoned divorce and child custody lawyer, contact the law office of Chris Villemarette, Trial Lawyer, at 337-674-2562. You can also fill out our online contact form. Our team can provide the knowledgeable guidance you need during this challenging time.