Goff and Goff Attorneys

If there are no minor children of the marriage, generally the couple must stay separated for 6 months.  If the couple has minor children, then the separation period is one year. However, there are some limited exceptions that may shorten the separation period.  

Although adultery is an independent ground for divorce that could exempt the spouse from the separation period, it generally does not give the agrieved spouse any additional rights with regard to alimony, child support, or property division rights.  However, the adulterous spouse would generally be prohibited from receiving alimony.   

Child support is calculated based on the relative gross monthly income of the parents.  Generally, each parent's gross monthly income is added together, then based on the specific circumstances, various additions and deductions are applied to determine the relative shares of the parents.  Generally, the non-custodial parent pays his or her share to the custodial parent.  

If the house was "community property"  (purchased during the marriage), then either spouse may apply to the court to be awarded the right to occupy the home pending the resolution of the divorce and property division matters.  The court, in making its decision, will take a number of factors into consideration, including but not limited to the stability of the minor children of the marriage.  The spouse that is not awarded use of the community home can ask that the court make the other spouse pay rent.  

A spouse who is free from fault in the breakup of the marriage AND is in necessitous circumstances, may ask the court to have the other spouse, if that other spouse has the means, to pay a month amount up to a certain percentage of the paying spouse's income.  

In some circumstances, Louisiana law does provide the oppotunity for a spouse to collect a reasonable sum for financial contributions made to ther other spouse's education, training, and increased earning potential.  

In order to keep your spouse from liquidating, hiding, or encumbering marital assets, one must get a court order.  These orders can generally be obtained fairly quickly.  

Although working things out is nearly always a good idea and more cost effective than fighting it out, in most circumstances a court order is required to make any agreement enforceable.   Most judges require a personal appearance and agreement on the record, among other reason, to make sure that the spouses have not agreed under duress and in fact understand the consequences of their agreement.  

A divorcing couple should never attempt to hire a single attorney to represent them in a divorce or other family law proceeding.  It is unethical for an attorney to represent both spouses because he would have a conflict of interest.  

Generally, property you obtained prior to your marriage remains your separate property.  However, there are circumstances in which separate property can become community property and thereby divided between the spouses.  For example, generally speaking, interest on separate funds belongs to the community.  

Although there are numerous exceptions, generally community property is that which is acquired during the marriage.  Separate property is generall property that is obtained prior to the marriage, is inherited, or donated solely to one spouse.  

Although you technically do not have to have an attorney also, going it alone is very ill-advised.  Regardless of what your spouse says, it is the duty of your spouse's attorney to zealously represent your spouse and obtain whatever advantage he or she can within the bounds of the law and legal ethics.  Your spouse's attorney has no duty to see that you are treated fairly.  You need someone to protect your interests so that you are not taken advantage of.  

Except in very narrow circumstances, child visitation rights and child support obligations are separate matters and failure to abise by a court order on one, does not necessarily relieve a court-ordered obligation for the other.