Lafayette Divorce Lawyer

Experienced Divorce Attorney in Lafayette, LA

It’s normal to feel overwhelmed and frustrated during a divorce, both by the legal processes and the changes to your personal life. These emotions can affect your ability to make sound decisions that prepare you and your family for the future. This is why working with a Lafayette divorce lawyer is so important. The assistance of an informed third party can help you wisely manage and navigate an already taxing process.

The emotional and financial complexities of divorce can be overwhelming, whether it is expected or catches you by surprise. Chris Villemarette is an experienced divorce lawyer in Lafayette. He has been representing people in these situations for many years. He can provide you with guidance and legal advocacy that you can trust throughout your divorce case.

Whether you have a contested or uncontested divorce, Chris Villemarette, Trial Lawyer, can assist you. When you are facing divorce, important questions arise, such as:

• How are assets like the marital home, vehicles, household possessions, and bank accounts divided?
• What happens to retirement accounts, investment properties, and business interests?
• What property division arrangement could be approved by the court?
• What custody plans could be approved by a family law judge?
• Is there a chance that spousal support might be awarded in the divorce?

Even if you and your spouse initially agree on the terms of your divorce, disagreements may surface as the case moves along. Whether your divorce remains amicable or becomes contentious, it is crucial to have an experienced and reliable family law attorney by your side. They can provide you with sound legal advice and support as issues arise.

Why Do I Need to Hire a Divorce Lawyer?

While Louisiana has a divorce rate of just 0.9 divorces per 1,000 married couples, divorce is still a commonplace process in the Pelican State. Working through something as difficult as a divorce requires a deep understanding of family law. Every case is unique. An experienced attorney can explain your rights and duties during the divorce process, all while working hard to protect you and your family’s interests.

If you are involved in a contested divorce, where you and your spouse cannot agree on the central issues, it might be necessary to involve the court. This might require complicated negotiations and even litigation. An experienced attorney can take steps to improve the outcome of your case, regardless of whether you and your spouse can agree to a settlement or need a ruling from a judge.

Even uncontested divorces require diligence from a legal professional. Even though these divorces tend to be smoother than contested divorces, it is still important that the agreements are fair for both parties to avoid issues in the future. This is especially true if children are involved. Working with an attorney can make the divorce process easier for children because lawyers can safeguard their rights and prevent excessive conflict.

Why Choose Chris Villemarette, Trial Lawyer, as Your Lafayette Divorce Lawyer?

Except for his college years in a neighboring state, Chris Villemarette has dedicated his life and career to Lafayette. He deeply cares about our community and considers it an honor to assist families in navigating the challenging divorce process with decisiveness and respect. As a skilled litigator, he is always prepared to vigorously advocate for his clients.

How Chris Villemarette, Trial Lawyer, Can Help With Property Division

With a background in accounting, coupled with his legal experience, Chris Villemarette can offer comprehensive guidance to individuals and couples in dividing their assets. He understands the importance of considering various factors in property division, such as:

• Tax implications and advantages. It’s important to understand what your tax obligations are and how they might change due to a divorce. Some assets are treated differently by the IRS, so it is important to consider the potential implications of splitting certain assets to avoid potential tax issues. A Lafayette divorce attorney with a tax background can see that the divorce process is fair and financially sensible.
• Health and health insurance coverage. Many individuals do not think about the impact divorce can have on their access to health insurance and other health-related benefits, especially if they receive their health insurance coverage from their spouse. It is important for both parties to have access to health insurance after the divorce, and this can be achieved through either employment or government programs.
• Maintaining a reasonable standard of living for you and your children. The needs of your children are incredibly important, so it’s necessary that the division of assets maintains each individual’s standard of living, especially if you are considering joint custody. If your children have unique needs that must be met, this must also be taken into consideration when dividing
• Fairness when one spouse has contributed significantly to the other’s education or professional endeavors. Many spouses make sacrifices for their partner by contributing to their future. These actions should be compensated if spouses are considering a divorce and splitting their financial assets. An equitable split should maintain each individual’s quality of life.

Most of these issues benefit from an attorney who is experienced in financial and tax law. When going through divorce proceedings, working with an attorney who can see the nuanced aspects of both issues can provide you with the confidence and knowledge you need to pursue your goals.

Understanding Louisiana’s Community Property Laws

Louisiana is a community property state, so all debts and assets acquired throughout the marriage must be divided equally upon divorce. This division does not apply to separate property, which includes debts and assets obtained before the couple was married. However, if one spouse uses separate funds to improve community property, it can convert separate assets into community assets and make them subject to division.

One example of this can be seen in ownership of a marital home. If the home was acquired while the couple was married, it is community property, no matter which spouse’s name is on the deed. If one spouse uses money they had acquired before they were married to renovate the kitchen, they should not expect to get the money back upon divorce. It has been converted into community property through commingling with marital assets.

While the divorce is pending, the court decides who gets to stay in the marital home. Generally, the spouse who has physical custody of minor children gets to remain in the home to provide stability for those children. This may be the case, even if the home was acquired by the other spouse during the marriage. However, judges also review the financial circumstances of each spouse when determining who gets to stay.

In most cases, assets and debts are divided using a 50/50 split when they can be. However, you could offset the value of an asset you wish to keep, such as a business or a family home, by purchasing your spouse’s share or providing another asset of equal value.

Division of Complex Assets

Dividing assets isn’t always a simple matter of splitting everything down the middle. Here’s what you need to know about dividing complex assets:

Business Interests

Businesses are deemed community property if they were started, purchased, or developed during a marriage, regardless of which person’s name is on the paperwork. However, businesses acquired before a marriage typically remain separate property unless they have increased in value thanks to either:

• The uncompensated labor of the owner’s spouse
• The use of community funds during the marriage

When determining fair market value, courts exclude personal goodwill tied to one individual.

Oil and Gas Royalties

Any mineral rights tied to a spouse’s separate property remain separate in a divorce, but royalties earned from those rights during the marriage are considered community income. An exception would be if the spouse who owns the oil and gas rights has a formal written declaration, executed and filed in Lafayette Parish, indicating that the royalties should remain separate.

Retirement Accounts

While business and mineral rights ownership is relatively rare, most couples have 401(k) accounts. These can also be difficult to divide, and they may require a Qualified Domestic Relations Order to avoid triggering tax penalties.

Only the portion of the retirement account that was earned during the marriage is subject to division, and the community share is calculated by evaluating the account’s growth between the marriage date and the date of separation. No Qualified Domestic Relations Order is required to divide IRAs.

Residency Requirements for Divorce in Louisiana

When you file for divorce, you or your spouse must be domiciled in the state where you are filing. There is no fixed minimum number of days you must have lived in the Pelican State. However, if you have lived in Lafayette Parish for at least six months before you file for a divorce in Lafayette, it establishes a presumption of domicile. Without that, you must prove that you have the intent to remain in the state, which can be done by providing a driver’s license, utility bill, or voter registration card.

Article 102 vs. Article 103 Divorces in Louisiana

There are two different ways you can file for a no-fault divorce in Louisiana.

Under Article 102, you file for divorce first and then complete a mandatory period of separation, which is 180 days if you do not have minor children or 365 days if you have minor children. You must also complete what’s known as a rule to show cause. This is a second procedural step that occurs after the separation period. It’s this petition that requests the court to grant your divorce based on the completion of the mandatory separation period.

If you choose to file for a no-fault divorce under Article 103, you must wait until you have already completed the mandatory separation period before filing the paperwork. The benefit of taking this approach is that you do not need to file additional paperwork with the court, simplifying the divorce proceedings.

Article 103 also allows people to file for fault-based divorces, which don’t require mandatory waiting periods. There are limited grounds for filing for a fault-based divorce. They include:

• Adultery
• Certain felony convictions
• Physical or sexual abuse
• The issuance of protective orders or injunctions

If you’re not sure whether you have the grounds to file for a fault-based divorce in Lafayette, a knowledgeable Lafayette divorce attorney can explain your options under Louisiana divorce laws.

Divorce in Covenant Marriages

Only a few states offer covenant marriages, and Louisiana is one of them. Covenant marriages have stricter rules regarding their dissolution than regular marriages. You must undergo mandatory counseling before you can get a divorce. If you are applying for a no-fault divorce, you must undergo a longer, two-year waiting period.

The Benefits of Mediation

It is often possible to resolve matters prior to trial at the Lafayette Parish Courthouse through negotiation and mediation. Divorce mediation, in particular, offers a private and flexible alternative. It can promote civil dialogue and facilitate co-parenting arrangements that are in the best interests of your children.

While a trial might be necessary in some contexts, it also creates more conflict between individuals going through a divorce. Instead of fighting your spouse in court, consider mediation as a way to work together with them on the same problem. A neutral third party can help encourage understanding between the two parties and make it easier for them to agree on important issues.

Since the mediation process typically takes less time to resolve than a traditional court case, it is also often less expensive, making it an attractive option for many individuals going through divorce.

FAQs

Q: What Is the Difference Between a Contested and Uncontested Divorce?

A: The difference between a contested and uncontested divorce lies in the attitudes of each spouse. If spouses cannot agree on important issues in a divorce, like the division of assets, child custody, or spousal support, it is considered a contested divorce. These types of divorces often involve decisions made by a judge. They often cost more and take more time to resolve. An uncontested divorce, where spouses agree on all aspects of their divorce, tends to be resolved faster.

Q: How Is Child Custody Determined in a Divorce?

A: Child custody is determined in a divorce based on what the court thinks is in the best interest of the child. They consider:

• The child’s age and health status
• Their emotional bond with each parent
• The parent’s situation and the ways that can affect how they care for the child

Usually, courts prefer joint custody, but sole custody is occasionally awarded if one parent is deemed unfit to take care of the child.

Q: How Can You Protect Your Assets During a Divorce?

A: To protect your assets during a divorce, assemble your financial information into one central location so you are sure of what you own. This includes bank statements, deeds to any property you own, and records of investments you have made. It is also a good idea to wait until after the divorce is resolved to make large financial decisions, such as securing large loans or making large purchases, to avoid additional complications.

Q: How Much Does a Divorce Lawyer Cost in Louisiana?

A: Legal fees can be intimidating, so you may wonder how much a divorce lawyer typically costs in Louisiana. Lawyer costs can vary based on:

• The complexity of the case
• The experience the lawyer offers
• Their educational background
• Other case-specific factors

The easiest way to estimate how much a lawyer could cost you is to speak directly with a qualified divorce lawyer about your specific case.

Q: Is It Worth Hiring a Divorce Lawyer for an Uncontested Divorce?

A: It is worth hiring a divorce lawyer for an uncontested divorce in Lafayette. Even if you and your spouse seem to agree on all issues, you still need to protect your rights and financial interests. A lawyer can see that the agreement you come to is equitable and help you retain ownership of any assets you wish to keep during the divorce. A lawyer can also promote a positive outcome regarding child custody, child support, and spousal support.

Contact Our Lafayette, LA Divorce Lawyer Today

It’s never easy to get a divorce. When you hire a divorce lawyer, it can make the process go more quickly and smoothly. Begin moving on with your life by working with a divorce attorney.

To schedule a consultation with an attorney experienced in divorce, child custody, and child support matters, reach out to my law office via email or call 337-232-3100. I am here to support you as you navigate the complexities of divorce and pursue your desired outcomes.