General Topics of Louisiana Divorce Attorney Law

Oct 25


Will Beaumont

Will Beaumont

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This article is written to add to the general knowledge on Louisiana family law which some of these articles can provide. That said, this is a continuation of articles on “Dos and Don’ts” in family law.


Do remember that there are two different types of marital property in Louisiana: separate property and community property. This is a distinction which can mean a great deal in the event of a divorce. Generally,General Topics of Louisiana Divorce Attorney Law Articles community property will be divided by a divorce attorney equally, and separate property will remain the sole possession of the spouse which owns it. There are a few easy ways to determine if property is separate property or community property. One way is to look at when the property was purchased. If it was purchased during the course of the marriage, with marital funds, then it is probably community property. If the property was purchased before the marriage, then it is probably separate property. There are also many exceptions to the rule, for example if the property was purchased with an inheritance.

Don't forget that a matrimonial agreement can protect your property rights! More commonly known as a prenuptial agreement, or "pre-nup", a matrimonial agreement is one way that a divorce attorney may help to ensure their property rights are divided according to their wishes, and not the wishes of Louisiana community property law. Some people assume that some things are just their own separate property by virtue of their very personal character, for example, a pension. In Louisiana, this simply is not the case. Even a pension can be considered community property. The lesson here is, don't take anything for granted. If you have significant personal property rights, and you are at all concerned about protecting those rights from your spouse's divorce attorney, make sure you effect a matrimonial agreement. One can be executed at any time during the course of the marriage, with a few exceptions.

Do remember that child support obligations are subject to change! Many times, people think that one a judge signs a judgment ordering child support, that that order is set in stone. Nothing could be further from the truth. If one spouse gets a significantly higher paying job, or if the other spouse loses theirs, then this could be considered a "material change in circumstances" which might prompt a court to take a second look at the child support arrangement. Remember though, that a material change in circumstances needs to be exactly that, material. Just because one spouse has a bad beat in the stock market, or the other spouse loses a sales contract at their job, does not necessarily mean they can turn around and have a child support award changed.

This article is not intended as legal advice or opinion; rather, it is simply some limited information on the law. Consult with a divorce attorney for advice, questions, and/or representation. William H. Beaumont, New Orleans.