Frequently Asked Questions

My child resides with me the majority of the time, do I need consent from the other parent to relocate?

Parent relocation is especially difficult in Louisiana. Either parent can move within 75 miles without court permission, but relocating beyond that radius requires a very compelling reason. If the request is granted, the parent moving away may have to pay the noncustodial parent's travel costs or bear the burden of actually transporting the child back and forth.

How soon am I able to get an appointment?

Appointments depend on your availability as well as the attorney.  Depending on what day of the week you call, generally, an appointment can be scheduled within a couple of days to one week.  Ivy offers in-person and telephone consultations. 

How do I protect my retirement benefits from my spouse?

Louisiana community property laws dictate that any asset acquired during the marriage, including retirement benefits, is community property and each spouse is entitled to a one-half interest. Absent a prenuptial agreement, any retirement benefits incurred from the date of marriage to the date of filing of the petition for divorce are community property and will be divided accordingly.

How soon can I get a divorce?

To be eligible for a divorce, you must live separately and apart from your spouse for one year if you have minor children or six months if there are no minor children.

I do not want a divorce but my spouse filed. What can I do to stop it?

If all legal provisions are complied with and you have lived separate and apart for the requisite amount time, there is very little that can be done to prevent a final divorce.

What do I need to bring with me to our first meeting?

If you were served with divorce papers or you and your spouse entered into a prenuptial agreement, make sure to bring copies of these documents.

If you are filing for spousal support or a division of community property you will need to bring your family's household finances, including savings and checking accounts, stocks, debts, retirement account information, etc. If you do not have access to this information, your attorney can request it once proceedings have begun.

If you are filing for child support you will need to bring your most recent tax returns and copies of your four most recent paycheck stubs and your spouse's four most recent paycheck stubs, if accessible.

Can I file for divorce on my own?

There are resources available for you to file on your own, however, a “do-it-yourself” divorce is not always wise. Obtaining a divorce entails filing the paperwork correctly and attending a hearing to have the divorce confirmed. If one wrong step is made along the way, the whole proceeding could be thrown out, which would mean starting over from scratch and possibly incurring additional filing fees.

Talk to An Experienced Attorney Today

Ivy can offer perspective and creative solutions to guide you down that path to the best possible outcome of an unfortunate situation. Her goal is to get you to a healthy state — legally, financially and mentally — to make the decisions that are best for you, your children and your future. Arrange a consultation today.

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