Frequently asked Divorce, Child Custody, and Family Questions

Divorce is a difficult matter.  The complex laws are made even more complicated by the large amount of emotions involved in every decision.  It is our goal to answer any and all of the questions that you may have.  If you have a question that is not covered on our website or is specific to your unique situation, give us a call at 985-240-9773.  We want to help you.
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  • Can we use the same attorney during a divorce to save money?

    Divorce is expensive – both emotionally, physically and financially.  One way you may consider saving a few bucks is to reduce attorney fees by both you and your soon-to-be ex-spouse using the same divorce attorney for legal representation.

    You wonder “Should we share a divorce attorney?

    Can you use the same lawyer in a divorce in Louisiana?

    Bad news – sharing a divorce lawyer is not possible in Louisiana.  You and your spouse – even if everything is agreed upon – are opposing parties in a divorce lawsuit.  This is an unwaivable conflict of interest for any attorney. The Louisiana Rules of Professional Conduct do not permit an attorney to represent both parties in a lawsuit.

    Your Metairie Divorce Attorney cannot represent you and your spouse.  Neither can your Destrehan Divorce Lawyer. You and your spouse need to have a separate family law attorney in Louisiana.

    An attorney owes the client many duties including confidentiality, impartiality, and must look out for their client’s best interest.  This cannot happen if the attorney represents both sides – which is why the conflict cannot be waived.

    Even if spouses agree, sharing a divorce attorney in Louisiana isn’t just a bad idea, it’s not allowed.

    How can I save money in a divorce?

    Now, what does happen from time to time is one party retains an attorney and the other does not. Even in these situations, the attorney is not allowed to give any legal advice. The party without an attorney should remember the attorney is not there to protect their interests or ensure fairness.Can we save money by sharing a divorce lawyer?

    When to hire your own divorce lawyer

    If your situation includes:

    • complex finances,
    • spousal support,
    • child support or child custody issues,
    • an imbalance of information, money, or power

    Don’t be cheap - consult with a family lawyer before signing a settlement agreement as it could save you plenty more in the long run!

    Not sure where to start?

    I wrote a guide that details the actions that you should be taking as you enter into your divorce.  We want you to have a copy of our free divorce and family law guide, 16 Sensible and Smart Actions to Help Guide You in Planning and Preparing for your Louisiana Divorce.  Just click and complete the request form on the page, we'll email you this free important information.  

  • How much will the child support payment be?

    The breakup of any marriage is an emotional and often confusing time. 

    Many questions, thoughts, concerns, and fears you never knew you had start bubbling up to the surface. 

    You're looking for some clear guidance and answers to help you start the process of moving on to your new tomorrow. 

    I'm Loyd Bourgeois, an attorney practicing family and divorce law out of Luling, Louisiana and I'm here to help you get some answers to your frequently asked divorce and family law questions. 

    How much will I get/pay in child support?

    This is another frequently asked question of parents going through a divorce.  Unfortunately, there are no easy answers to this because each case is fact-specific. 

    Typically, courts will look at the gross income of both parents, how many children are involved in the divorce and other special circumstances in determining the amount of child support.

    A person's expenses are not part of the equation in determining child support because if that was the case, you could make your expenses match what you're earning to drive down your child support.  Would not be fair to your children. 

    What next?

    We want you to have our free divorce and family law guide, 16 Sensible and Smart Actions to Help Guide You in Planning and Preparing for your Louisiana Divorce.  Just click and complete the request form on the page, we'll email you this free important information.  

  • Who gets custody of the children?

    The breakup of any marriage is an emotional and often confusing time. 

    Many questions, thoughts, concerns, and fears you never knew you had start bubbling up to the surface. 

    You're looking for some clear guidance and answers to help you start the process of moving on to your new tomorrow. 

    I'm Loyd Bourgeois an attorney practicing family and divorce law out of Luling, Louisiana, and I'm here to help you get some answers to your frequently asked divorce and family law questions.  

    Who's is going to get custody of the children?

    This is one of the most frequently asked questions of parents going through divorce, "Who's going to get the custody of the children?" 

    In Louisiana, custody can be determined primarily two ways; one is by consent of the parties where you and the other spouse agree on an arrangement that benefits and is beneficial and works for both of you and the children. 

    The other way is having a judge decide custody.  If the parents can't agree, which is not always possible, will go to court and a judge will make a determination based on the best interests of the child. 

    What next?

    We want you to have our free divorce and family law guide, 16 Sensible and Smart Actions to Help Guide You in Planning and Preparing for your Louisiana Divorce.  Just click and complete the request form on the page, we'll email you this free important information.  

  • What is the difference between Joint Custody and Sole Custody?

    These two terms are often misunderstood when the care and decision making concerns of children are at stake in a divorce or child custody case.  While often used, each has a very specific meaning under Louisiana Law!

    Sole Custody

    Sole Custody vs Joint CustodySole Custody means one parent has the sole, legal care and decision-making ability for a child. Sole custody is rare and is usually limited to situations where one parent is unfit or incapable of having any form of responsibility for a child -- for example, due to drug addiction or evidence of child abuse. With sole custody, the other parent may have periods of visitation.

    Joint Custody

    Joint Custody means both parents share the care and decision-making ability for a child.  Joint custody is preferred in Louisiana. Even if one parent has more actual physical custody of a child than the other, the custody is likely joint, with each parent able to exercise parental rights during their periods of custody (not visitation).

    If you are going through a divorce or have questions about your custody agreement, give us a call at 985-240-9773.