Family law matters are inherently emotional and personal. Whether it’s a faltering marriage, adoption, support or visitation, it’s important that you have an experienced Metairie Attorney to help you negotiate the legal system. At The Law Office of Wolff & Wolff, our attorneys provide thoughtful, professional representation.
Louisiana is a “no-fault” divorce state. That means you will not have to demonstrate a specific harm to move forward with a divorce filing. The court understands that sometimes good people are unable to maintain a marriage and the Petition for Divorce can be based on “irreconcilable differences.” A filing will need to be made where you or your spouse currently reside or where you last lived as together.
The court does require a separation period of 180 days for people without children. If you have children in common, the separation must be for at least one year. The state is also one of only three states that have covenant marriages. If you opted for this type and went through pre-marital counseling, you may need to attend counseling before the union can be dissolved.
While the courts offer a no-fault option, fault-based divorces can also be obtained. These can be based on adultery, felony convictions, abandonment, abuse and estrangement among others. Fault divorces may be advantageous when minor children are involved because a proven claim sets the groundwork for visitation and custody.
Child Custody and Support
Family court judges make decisions about custody and placement based on the best interest of the child. The general wisdom is that children benefit from strong relationships with both parents and courts value consistent visitation. However, when a parent poses a risk or engages in illegal or illicit behavior, the courts may restrict or revoke visitation.
It’s important to understand that no link exists between visitation and financial support. Both parents are expected to provide resources for their child and failure to meet those obligations could have serious legal ramifications. In Louisiana, child support is based on both parents’ gross income, the number of children and other important factors.
The family courts follow uniform guidelines in each case.
Other Family Law Practice Areas
While the majority of family law centers around divorce and child welfare, there are numerous other areas in which we provide clients with strong representation. These include:
- Parental Rights
- Grandparents’ Rights
- Prenuptial Agreements
- Division of Marital Assets
- Spousal Support
- Paternity Matters
At The Law Office of Wolff & Wolff, we help guide people through the legal system to give them renewed opportunities and stability. Our Metairie Attorney, Michael W. Margiotta Jr., handles family law matters with sensitivity and the highest standard of professionalism.