The previous article explained how a divorce lawyer might use the law in Louisiana to his or her advantage in order to maximize the amount of things that can be accomplished in waiting on a court decision to officially end the marriage. While an explanation of the law can be effective in understanding why certain things as are they are, it can also be important to go over examples that one could face in practice in order to understand how these laws work together. This should be able to provide a better and more complete understanding with respect to ending a marriage in conjunction with the previous article. The following examples will begin with the simpler and end with the more complex.
The first example is fairly straightforward. In this example, a spouse would like to hire a divorce lawyer to end the marriage while also seeking child custody, child support, and spousal support. The spouses have either divided the property that they wish to on their own or there is no properties worth having an attorney divide. Here, in order to efficiently move forward this case, it may be possible to file a petition to end the marriage that contains a request for custody a request for child support and for spousal support. Because the latter three are incidental matters to the ending of the marriage, it is possible using Louisiana’s summary procedure to get a court date to hear these matters upon filing. Therefore, the filed petition includes a request for a court date: the court date handling three incidental matters.
In this next example, the divorce lawyer will face a number of challenges with various timelines. A spouse would like to file ending the marriage and requests that child custody, spousal support, child support, and a division of the community property and debts be included. This requires the attorney to do the same as everything above, but he or she can also include in the petition a request that when the other incidental matters are heard the court also will also hear the petitioner’s request that within 45 days each spouse will be ordered to submit an itemization of the community to each other and the court.
There are a couple of other requests a divorce lawyer can make before a court to alter or some of the timelines. Most of these will be with respect to emergency procedure, such as protective orders and emergency motions or petitions for custody. There are certain specified days that a court has to hear your requests. This may mean that they are heard alone or in conjunction with the other incidental matters that are set before the court.
In all, it should be possible to start the process of fully dividing and delineating the issues set before court by a divorce lawyer during the times that the spouses are waiting and living separate awaiting an order to have an official judgment ending the marriage.
Will Beaumont is a New Orleans attorney. This article is not legal advice and is only informational.
If there are other questions that you have, get a free initial consultation with a divorce lawyer New Orleans at Beaumont Divorce, 3801 Canal St #207, New Orleans, LA, 70119 (504) 483-8008 or Beaumont Divorce of Metairie, 3814 Veterans Memorial Blvd #302, Metairie, LA, 70002 (504) 834-1117.