FAMILY LAW ATTORNEYS LAKE CHARLES, LA
The family law attorneys Lake Charles, LA clients recommend from Delphin Law Offices PLC know that almost half of all first-time marriages end in divorce. The divorce rate for second and subsequent marriages is even higher. Those rates have almost doubled in the past two decades. While every couple has their own reasons for divorce, there are a few common factors that many couples have that lead to the breakdown of their marriages. The following are some of the most common.
Financial Issues
Financial stress is one of the most common factors couples cite for divorce and can put a heavy strain on a marriage. If the issues are long-term and will take time to dig out from, the marriage often breaks from that strain. It can be even compounded if only one spouse works while the other stays home, causing resentment and anger to build up.
Wrong Reasons
One common reason that clients tell their Lake Charles family law attorneys why their marriage isn’t working is that they got married for the wrong reasons. They may have felt pressure from family, societal pressure, pregnancy, or just got caught up in a whirlwind romance.
Always Fighting
Some couples feel as if they are always fighting because there is constant conflict between them. Often, these conflicts really stem from major issues that the couple may or may not have recognized and this unhappiness spills out into their everyday life.
Infidelity
When one partner cheats on the other, it can break even the strongest of marriages. The injured spouse often struggles with feelings of distrust and inadequacy. Infidelity does not have to be physical for the damage to the relationship to occur. Emotional cheating, especially with the prevalence of social media in society, has become more common and can do the same amount of damage to marriage as if the partner physically cheated.
The Decision Has Been Made
Regardless of the reason why someone decides to end their marriage, family law attorneys Lake Charles, LA residents recommend know that by the time the marriage gets to this point, there is often a lot of anger and acrimony between the couple. Yet it is important to realize that there are many important issues that may need to be negotiated and worked through during the divorce process, such as child custody, shared finances, and real estate. If a couple is unable to reach agreement on these issues, the court will do it for them, and the final decision is often not what either party wanted. This is why it is important to have legal representation advocating for you through this process.
Prenuptial Agreement
The first issue to consider is whether the couple has a prenuptial or postnuptial agreement where much of the financial negotiations have already been worked through. Most agreements will address how marital property will be addressed in the event of a divorce. As long as the agreement was done correctly, it should be legally binding. There are certain factors however that could nullify the agreement:
- One party did not submit full disclosure to the other of all of their assets/debts
- One party made false or fraudulent claims or promises in the agreement
- One party was under duress when they signed the agreement
- The agreement itself is wholly unfair for one party over the other
- The agreement does not follow the legal guidelines required under the Uniform Premarital Agreement Act
Division of Assets
If the couple did not have a prenuptial agreement or the court rules the agreement in place is invalid, then the couple must negotiate how their assets and property will be divided. Louisiana is an equitable division state. This means that the couple’s assets will be equitably divided, but not necessarily equally divided. The only two states in the country that go by the community property, 50/50 rule are California and Texas.
The Lake Charles family law attorneys are dedicated to making sure that our clients receive their fair share of the marital estate. Our attorneys know that the court looks at different factors when deciding what an equitable distribution should be. This includes:
- How much separate property does each of the spouses own?
- How much did each spouse contribute to the marriage – both financially and emotionally?
- Why is the marriage ending?
- What type of future earning potential does each spouse have?
- Who is/was the primary caregiver for the couple’s children?
Child Custody and Child Support
Issues regarding children of the marriage are often the most difficult to come to an agreement on. Child custody decisions not only involve coming up with a parenting plan on how much time the child will spend with each parent, but also how the parents will share important decision-making about the child when it comes to where the child will go to school, medical decisions, and even what religion the child will be raised in.
When it comes to child support, Lake Charles family law attorneys from Delphin Law Offices PLC can explain what the state guidelines are that the court will follow and how this determines which parent will pay and how much those payments will be.
Call Our Office Today
If you have hit a point in your marriage where you feel there is no other option than divorce, there are many steps you should take before even filing in order to protect your marital rights and ensure that any child custody, division of the marital estate, child support, and other issues are settled in a fair and just resolution. Trying to do this without an attorney advocating for you, even in a friendly divorce, can end up giving your spouse an unfair advantage.
Whether you are ready to file or are just thinking about it, it is always a good idea to speak to a legal expert who can explain the divorce process to you and how it may affect your situation. Contact Delphin Law Offices PLC to schedule a free and confidential consultation with one of our Lake Charles family law attorneys.