Divorce Attorney Baton Rouge

What is a Covenant Marriage?

Louisiana law (RS 9:272) states that a covenant marriage is a solemn commitment made by a husband and wife to remain together in matrimony indefinitely, regardless of the challenges that may arise. Only three states in the United States recognize covenant marriages, including Louisiana, Arkansas, and Arizona.

When entering into a covenant marriage, the two spouses are required to sign a declaration of intent, which outlines the following provisions:

• The husband and wife are committed to a lifelong union.
• Both spouses have openly and fully disclosed any information that could potentially impact the marriage adversely.
• The spouses have participated in premarital counseling together.
• In the event of marital conflicts or difficulties, the spouses are obligated to exhaust all efforts to preserve the marriage, including seeking additional marital counseling.
• The husband and wife must undergo premarital counseling under the guidance of a religious clergy member, such as a priest, rabbi, or minister.

Can You Get a Divorce in a Covenant Marriage?

In a covenant marriage, dissolution is possible; however, Louisiana law stipulates that couples must first undergo marital counseling. If counseling fails to yield results, separation in a covenant marriage is permitted under the specific circumstances described in RS 9:307, which include:

• Adultery committed by one spouse.
• A spouse’s commission of a felony punishable by life imprisonment or the death penalty.
• Physical or sexual abuse of a spouse or child by the other spouse.
• One spouse’s absence from the home for a period exceeding one year, with a refusal to return.
• Both spouses living apart without reconciliation for a minimum of two years.

If you find yourself in a covenant marriage and seek a way out, it is vital to reach out to an experienced divorce attorney in Baton Rouge, LA. At the Law Offices of Ossie Brown, we can safeguard your legal rights, assist you in substantiating one of the aforementioned circumstances within your marriage, and guide you through the divorce process successfully.

What is Divorce Mediation?

If both spouses don’t agree on all aspects of family separation, marital asset division, and/or community property partition, but they don’t have the financial means to hire a lawyer, divorce mediation may be a cost-efficient solution.

Divorce mediation is when two spouses work out their disagreements with a neutral third party, called a mediator. These mediation sessions can happen in person or online, so they can be a good solution for ex-spouses who live in different states.

The mediator will help the spouses decide cordially on legal issues such as child custody, child support, alimony, community property partition, and more. The mediator can’t offer legal advice; in fact, many mediators encourage the spouses to hire a family law attorney to assist them as well.

Why You Need a Baton Rouge Divorce Lawyer

In a perfect world, all of us want a no-court divorce. Court orders and lawyers and extensive paperwork can make an incredibly stressful situation even more unbearable, but unfortunately, even the most amicable divorces require lawyers and courtroom visits.

You may need to hire a divorce attorney in the Baton Rouge area if the following issues apply to your situation:

• You Have Minor Children. Leaving a marriage with children is incredibly complicated, as you will have to decide on a child custody arrangement and child support plan with the other spouse. When emotions are already running high, it’s nearly impossible to handle these family law matters alone without expert legal counsel and neutral mediators. Our Baton Rouge custody lawyers and Baton Rouge child support lawyers will help you come up with the most logical custody arrangement with your child’s best interests in mind.
• You Need Spousal Support. It’s very common for one spouse in the marriage to be the main breadwinner, while the other stays home with the kids or just makes very little money. So when a divorce happens, one spouse will have a natural financial advantage over the other. That’s when spousal support, AKA alimony, comes into play. The spouse who makes the most money will have to make court-ordered monthly payments to the other spouse upon the finalization of the divorce. Our divorce attorneys can help you obtain a fair alimony agreement so that you can continue living the same quality of life even after your divorce.
• You Have Marital Assets and/or Property. In Louisiana, property division will fall into two main categories – community property or separate property. Division of property is very confusing, especially in an already complex divorce case. It’s important to hire a legal professional to handle this for you.
• You Have Prenuptial Agreements or Postnuptial Agreements. Prenuptial and postnuptial agreements lay out the legal rights and guidelines of each spouse in the event of a divorce. Navigating the legal jargon in these documents adds yet another layer of confusion and stress to the average divorce case. Allow our Baton Rouge divorce lawyers to navigate the complexities of these agreements for you.

How Much Does it Cost to Get Divorced in Louisiana?

The answer to this question depends on how complex your divorce case is. Generally speaking, contested divorces that involve minor children are the most expensive. They typically require extensive legal counsel on both sides, as well as numerous courtroom visits. Uncontested divorces are generally less complex and more affordable, but still, both spouses may end up hiring attorneys just to protect their legal rights.

Pricing structures for divorce attorneys vary depending on which law firm you go with. Some attorneys charge hourly fees, flat fees, or retainer fees. The best way to get a specific divorce price tag in Baton Rouge, Louisiana is to call a law firm and schedule a consultation.

There are divorce filing fees as well, which vary depending on the parish you file in. Generally, filing fees cost anywhere from $300 to $600 in Baton Rouge, LA. If you’re currently enduring financial issues, you may be able to file an affidavit with your parish courthouse to proceed with the case in forma pauperis (IFP). If the court grants the affidavit, then you can have your fees deferred until the finalization of the divorce.

By the time it’s all said and done, the average divorce can cost upwards of $10,000 per spouse.