New Orleans Attorney Explains Divorce Law in Louisiana
By Morgan Daniels | Published on January 31, 2012 | 0 Comments
Because Louisiana inherits its laws from France and Spain instead of England—like the rest of the United States—laws and legal terminology can differ significantly. That’s why it’s important to have a New Orleans divorce lawyer that’s well versed in the laws of the Bayou State as well as the unique rules of each Parish. Attorney Morgan Daniels of Daniels Law, LLC, has experienced the chaos of family law cases following Hurricane Katrina that separated and spread families all over the country. As a result, she’s seasoned enough to handle what may feel like a complicated and exhausting divorce process.
Handling divorce proceedings out of court
“In court there is a winner and a loser,” Daniels says. “Outside of court, the parties can negotiate and strike deals that may make them both happy and potentially save costs.” As such, the New Orleans divorce lawyer explains, it’s ideal to handle divorce proceedings outside of court.
However, your attorney cannot be afraid to litigate if necessary. “If one spouse is not going to proceed in good faith, then it is advisable just to go to court and fight it out,” she says.
Prenuptial agreements
Although divorce probably isn’t on your mind when you’re planning a wedding, spending a few hours with a lawyer prior to marrying—or within a year of moving to Louisiana after being married—can save thousands of dollars if things don’t work out as planned. “It’s just a good business decision,” Daniels says. “You may never divorce, but if you do, you have a structure to follow.”
As Daniels explains it, the best prenuptial agreement is one that clarifies what happens in the event of a divorce. “The one thing a prenuptial agreement should do is take the expense of disagreement and uncertainty out of the picture,” the New Orleans divorce lawyer says.
Child custody law in Louisiana
Oftentimes with divorce comes the complicated and often heated process of determining the appropriate child custody arrangement. The state of Louisiana used to have a legal preference to place children with their mother, the New Orleans child custody attorney explains, but this has since been changed in favor of equal custody.
When presiding over a custody case, the court largely considers who exercised the most responsibility for the children during the marriage and which parent is in the best position to promote a loving environment after the separation. That’s why Daniels strongly advises parents to not take a back seat on the parenting duties during an exhausting and stressful divorce; this can reflect poorly on you and adversely affect the outcome of your case.
New Orleans, LA 70163
*Disclaimer: This article is for informational purposes only. You should not rely on this article as a legal opinion on any specific facts or circumstances, and you should not act upon this information without seeking professional counsel. Publication of this article and your receipt of this article does not create an attorney-client relationship.