Divorce
Divorce is a complicated legal process. It is also a highly emotional life event. Parting ways with your spouse gives rise to complex issues regarding your finances, property and — most importantly — your children.
At the law office of Betsy A. Fischer, LLC, we are here to help you through these significant transitions. We understand how intimidating the divorce process can seem. Our mission is to provide real-world guidance on the practical and legal ramifications of divorce. Armed with that knowledge, you can feel more confident about making informed decisions on the road ahead.
Our Louisiana divorce practice involves us in any number of situations, including annulment, military divorce, relocation, prenuptial and postnuptial agreements. We can answer your questions about how Louisiana courts handle divorce, what marital property laws may apply to community property, and alimony (spousal support). We understand Louisiana child custody laws, and we can help with sensitive issues that involve minor children and parental rights. Talk to us about how the law defines the best interest of the child, and how the custodial parent or parent with sole custody is chosen. We also have a lot of experience with Louisiana child support laws. We can help you manage child custody issues such as joint custody, physical custody, and reasonable visitation rights.

Various grounds for divorce
Just as every marriage is unique, so, too, is each divorce case. The particular path your divorce follows will depend a great deal on your circumstances and goals.
For some, divorce is a relatively painless process with few or no contested issues. Yet even in uncontested divorce cases, it is critical to seek guidance from an attorney. Our firm will help you avoid pitfalls and make sure that no loose ends remain. We offer discounted flat-fee representation for uncontested cases.
In other divorces, disagreements may be unavoidable. You will need an experienced advocate to protect your rights and prepare a strong case.
The Louisiana Civil Code has many provisions that govern divorces, and a qualified attorney has experience dealing with the code and its application. The main aspect you should be familiar with is that Louisiana law allows two types of divorce:
- Article 102 divorce: This is for couples with or without minor children. Article 102 allows for a no-fault divorce. This is for spouses who are not yet separated and living apart for the required waiting time of 180 or 365 days.
- Article 103 divorce: This for couples with or without minor children. Article 103 allows for no fault divorce. Article 103 no fault divorces are for spouses who have already lived apart for the required waiting time of 180 or 365 days.
Additionally, for marriages with or without minor children, Article 103 allows for fault-based divorces.
The grounds for divorce under Article 103 are: if the other spouse has committed adultery, has been sentenced to death or hard labor for committing a crime, or committed domestic violence. Article 103 fault-based divorce has no waiting time.
An experienced attorney and recognized author on the subject of Louisiana divorce in New Orleans
Ms. Fischer is recognized as one of the New Orleans area’s leading divorce and family law professionals. Her book Divorce in Louisiana, The Legal Process, Your Rights and What to Expect, (Addicus Books, Omaha) is a leading publication about the complex area of the divorce process and a step-by-step guide to help you through every aspect of divorce, beginning with what to look for when hiring the right divorce lawyer.
Alimony/Spousal Support
What is alimony?
Alimony is typically ordered by the court to a spouse or former spouse after separation or divorce arrangements. The purpose of alimony is to give financial support to the spouse who is in a lesser position financially after the divorce or separation.
In Louisiana, a judge can choose to award any of the three following types of alimony:
- Interim Support—this is given to a spouse only during the actual divorce proceedings.
- Periodic Support—this is available to a spouse after the divorce process is complete and is the most common in Louisiana. Periodic support supplements the lower-earning spouses actual income.
- Permanent Support—this is awarded for an indefinite time after a divorce. Permanent support is rare and only given when there is some circumstance preventing the other spouse from earning an income for themselves.
During the divorce process, a spouse will need to show a need for financial support. The court will not begin evaluating alimony until the judge agrees that there is a need for support and that the other party has the ability to pay alimony. Next, the judge will determine if the party asking for alimony was “at fault” for the divorce. If the court finds that you were the “at fault” party, then alimony may be reduced or denied.
When determining alimony, a judge will likely consider the following factors:
- Age and health
- Child custody responsibilities
- Domestic abuse
- Duration of the marriage
- Earning capacity
- Education, employment, or training requirements
- Financial obligations
- Future earning capacity
- Income
- Prior criminal history
- Tax ramifications
A court can review and reverse alimony at any time should circumstances change for either party.
While many parts of the country call it “alimony,” in Louisiana, the technical legal term for marital support payments is “spousal support.” Despite the different term, of course, spousal support issues in Louisiana still suffer from the same types of problems that all marital support cases suffer: Spouses who do not pay; spouses who do not pay enough; spouses who pay too much. The list goes on.
The facts governing how much spousal support is appropriate under Louisiana law makes for a complicated soup of mathematical calculations. Betsy A. Fischer, LLC, regularly assists clients in understanding and applying these calculations fairly. We diligently help all of our clients to thoroughly investigate the facts of the case, to determine what the numbers really are, and to set fair and accurate amounts for spousal support payments.
Our firm advises clients concerning spousal support issues both while the divorce is pending as well as after the divorce is finalized. Our firm understands that cost-effective and efficient lawyering is critical at this stage. Our experience in court and at the negotiating table allows us to determine when trial is and when trial is not the best option for achieving a client’s goal with respect to spousal support.
Community Property: Marital Residence, Property Settlements & Property Division
Louisiana does not follow the majority of the states for property rights after divorce. Typically, states have equitable distribution principles but Louisiana goes by community property laws.
Community property consists of all assets of a marriage, regardless of how they were acquired—other than inheritance or gift. Under Louisiana law, community property belongs equally to both spouses, regardless of which spouse is responsible for the property.
How Can a Divorce Attorney Help With Property Division in Louisiana?
A divorce attorney can help couples going through a divorce determine how the property should be divided. Typically, in Louisiana, couples will reach a settlement agreement to decide how the property should be split. Alternatively, the couple can decide to have a judge determine the property division if they are unable to come to an agreement.
A Louisiana divorce attorney who handles your case will offer legal advice and determine property allocation by the following three steps:
- They will identify all property and assets and mark each as community or separate
- They will then try to determine the property valuation for all community property assets.
- They will finally decide on how the property should be divided.
Hiring a Louisiana divorce attorney will likely help procure you more during the property division process because if you do not have an attorney, you will have to negotiate an agreement with your spouse on your own or leave it in the hands of the court. Both latter options will leave you with less than if you hired a divorce attorney.
The important note to remember is that all debts must also be assigned during property division proceedings.
LGBT Divorce
Since the United States Supreme Court’s ruling in Obergefell versus Hodgeson June 25th, 2015, marriage equality has been legal in all 50 states. As more LGBT couples wed, legal questions begin to emerge about same-sex divorce. Because LGBT marriage and gay divorce in Louisiana have less history, the court system has been challenged to adapt. This process has been irregular, leading to frustration and numerous questions for couples seeking LGBT divorces. However, with the help of an experienced divorce attorney specializing in same-sex divorce, you can feel confident that you have an advocate on your side who has your best interests at heart.
One of the biggest complications that’s unique to an LGBT divorce comes when a same-sex couple has a child together, especially if the child is only biologically related to one parent. This gets complicated if the non-biological parent has not formally adopted the child. In a same sex divorce in Louisiana, questions about child custody emerge if there’s only one biological parent in the relationship despite the fact that both spouses may play equal parts in child-rearing. These concerns can be avoided through a second parent adoption. However, if you don’t have time to do this before finalizing a divorce in Louisiana, it’s important to speak with an attorney familiar with the nuances of same-sex divorce to discuss your options.
Military Divorce
Military divorces in Louisiana are processed in the same way as civilian divorces, for the most part. However, while dealing with a military divorce, the court must take into account a number of federal requirements that affect pension distribution, spousal support, child support, and child relocation.
There are typically four different aspects that must be evaluated in military divorce. While these are likely taken into account in a civilian divorce, as well, it is how a court evaluates them where differences begin.
- Child and Spousal Support: These are assessed according to Louisiana regulations, although federal law states that award of support cannot exceed 60% of a servicemember’s pay and allowance. Child support is required by federal regulations for both custodial and non-custodial children of U.S. military service personnel and veterans.
In the absence of a financial child support plan, the military determines interim support measures until a court order is secured.
- Child Relocation: Child relocation and child custody is a major concern in military divorces due to the temporary nature of military duty. When determining child relocation in a military divorce, a Louisiana court will consider the same factors as in civilian divorces.
The court will decide if relocating the child is in the best interests of the child. Even if you have no plans to relocate right away, you can ask the court to add relocation provisions in your custody order in the event that you do.
- Retirement Distribution: The Uniformed Services Former Spouses’ Protection Act governs the division of retirement payments. This law specifies how a service member’s retirement benefits should be split in the event of a divorce.
For a former spouse to be eligible for a service member’s retirement, the former spouse must have been married to the servicemember for at least 10 years while the servicemember was on active duty. If a former spouse meets the act’s conditions, they are given a number of benefits.
- Venue: The first concern is where you should submit your lawsuit. Before you can bring a lawsuit in Louisiana, you or your spouse must have lived or been stationed in the state for at least six months.
Under the Soldiers and Sailors Civil Relief Act, you will not be allowed to move on with your case without your spouse’s agreement if he or she is deployed overseas or otherwise unable to respond to the divorce for reasons relating to his or her military.
When your spouse is engaged in the military, the court will not sign a default judgment (the process frequently used in an “uncontested divorce”) unless your spouse submits a waiver acknowledging the divorce and waiving service. You can still get an uncontested divorce if your spouse refuses to serve you.
To guarantee the best possible outcome for your case, you should contact a Louisiana family law attorney who specializes in military divorce and can give you specific legal advice for your circumstances.
Post-Divorce Modifications
Many people think of divorce as a one-time process with an identifiable start and end point. While that is true to some extent, in reality, a divorce case may never be truly “over.” The issuance of a divorce decree does not shut the door on divorce-related issues that can come up again down the road. This is particularly true if you and your ex-spouse have children.
Life is not static, and neither are the many legal obligations and arrangements arising out of divorce. Changes in employment, income, health and other circumstances may require revisiting aspects of the divorce such as:
- Alimony: Substantial changes in either spouse’s financial circumstances may warrant modifying the spousal support award. Depending on the type of support, the recipient’s remarriage may also be grounds for eliminating the obligation.
- Child custody: As children grow and change, so, too, do their needs and best interests. A significant change in circumstances may require a modification of the existing child custody arrangement.
- Child support: As with alimony, changes in either party’s financial circumstances or the children’s needs may be grounds for altering the child support obligation.
Benefit From Professional Guidance
Post-divorce modifications can raise many of the same issues that came to light in the original divorce proceedings. They also bring up new considerations. Because modifications can significantly impact your rights and interests — as well as those of your children — you should not attempt to navigate modifications on your own.
At the law firm of Betsy A. Fischer, LLC, in Louisiana, our family law attorney can assist you in securing or opposing a modification through various means such as:
- Negotiating, drafting and reviewing changes to a divorce agreement
- Requesting the court to approve an out-of-state relocation
- Objecting to the other party’s requested modification
As a local lawyer with decades of family law experience, Betsy Fischer literally wrote the book on divorce. She published the book Divorce in Louisiana: The Legal Process, Your Rights, and What to Expect, an invaluable resource that addresses the practical aspects of navigating divorce and post-divorce issues in Louisiana. With the benefit of her guidance, you can rest assured that your modification issue is in good hands.
Uncontested Divorce
When spouses can agree on every element in a divorce – including child support, child custody, property ownership, and debt distribution – they can easily obtain an uncontested divorce. As such, we have created flat-rate programs for these types of simple, uncontested divorces, thereby ensuring that your divorce proceeding is as painless as possible.
To qualify for an uncontested divorce in Louisiana:
- Either you or your spouse must have lived in Louisiana for at least six months.
- You and your spouse must both want a divorce.
- You can locate your spouse.
- You and your spouse must both agree to the divorce and sign the required documents.
Choose the right Divorce Plan for your needs:
Efficient Divorce for Couples Without Children or Assets – This is one of the simplest of divorce plans. You can qualify for this plan if neither you nor your spouse own any property and if you have no children, biological or adopted.
Standard Custody Agreements for Louisiana Parents – We will draft an appropriate custody agreement detailing parenting time.
Divorce Solutions for Couples with Assets – If you and your spouse have agreed upon the division of assets, we will draft an agreement detailing the division of marital assets and marital debt.
As long as your divorce continues as a Flat Fee Divorce case, all fees and expenses are included. The preparation of any additional documents outside of the Flat Fee Divorce plan would require a separate agreement.
If real estate, retirement accounts, motor vehicles, or other assets need to be divided as part of your divorce case, it may be necessary to complete additional documents to complete the transfer. The additional documents may include qualified domestic relations orders, power of attorney affidavits and other similar documents.
Child Support or Spousal Support is an issue that may be worked out between the parties without the assistance of a divorce attorney. If you and your spouse are not able to reach an agreement regarding child support or spousal support without an attorney, then a Flat Fee Divorce plan may not be right for you.
If your spouse refuses to sign the necessary documents, then a Flat Fee Divorce plan may not be right for you. To find out more about uncontested divorce in New Orleans and the surrounding parishes, call us.
Serving New Orleans, Metairie and surrounding parishes – Contact Us Today
To discuss your matter with an experienced attorney serving Metairie and all surrounding areas, please call our firm at 504-780-8232. You can also make an appointment for an entirely confidential initial consultation at a reduced rate with attorney Betsy Fischer by contacting the firm online.