Vermillion Parish Divorce Lawyer

Divorces change an entire family’s life significantly and are financially and emotionally stressful. There are many ways that a divorce can be handled, such as filing a fault or no-fault divorce, or handling the case through negotiations or litigation. There are a lot of decisions to make when filing for a divorce and navigating the proceedings, and this process is much easier with a Vermillion Parish divorce lawyer.

When you work with the right lawyer, you receive personalized legal representation and can make informed choices about what method of divorce will most effectively stabilize your home and protect the well-being of your family’s future.

Bertuccini Law Firm Can Protect Your Interests in Divorce

The team at Bertuccini Law Firm provides you with compassionate, respectful, and dedicated legal representation tailored to your unique situation. We listen to you and your reason for separation. Every divorce is unique, and it is crucial that your legal representation is, too.

Our firm will consider your options for divorce and how they will impact your family, especially your children. We help you review your priorities in the divorce and aim for an outcome that meets those objectives and protects your interests and your future. We help you navigate your divorce more successfully so that you can focus on your family and your new future.

What Are the Grounds for Divorce in Vermillion Parish?

The divorce rate in the state was 0.7 per 1,000 population in 2022, which is much lower than it was in previous years. Louisiana allows for fault-based and no-fault divorces. In a no-fault divorce, couples must prove that the required period of separation has occurred between the time the divorce is filed and the time the divorce is granted. This period of separation varies based on whether the couple has children together or not.

The grounds of fault-based divorces include when the filing spouse proves that the non-filing spouse:

• Committed adultery
• Was convicted of a felony
• Committed physical or sexual abuse against their spouse during the marriage or against their children
• Had a protective order or injunction placed against them to protect the filing spouse or their children from domestic violence

It can be very helpful to talk with an attorney about your options for a divorce. While your marriage may have the grounds for a fault-based divorce, it may or may not be in your interests to file one. The process of an at-fault divorce can take much longer, for example, but it can influence the outcome of the divorce decree to favor you. Talking with an attorney can help you understand the advantages and disadvantages of each type of divorce.

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What Is the Difference Between a Contested and Uncontested Divorce?

A divorce can also be contested or uncontested, depending on how well couples agree on the terms of their separation agreement. The terms of a separation agreement include spousal support, property division, child custody, and child support.

If spouses agree on these issues, then their divorce is uncontested. Spouses can negotiate the specifics of the terms through mediation or other alternative dispute resolution methods.

If spouses cannot agree on these terms, the divorce is contested. At-fault divorces are typically contested and often litigated. While a contested divorce may mean the divorce is litigated, it does not have to be. If spouses are able to cooperate and neither party is in danger from the other, couples can negotiate their separation agreement out of court and potentially reach a conclusion without litigating the divorce.

The Family Law Issues That May Be in a Divorce

Divorces are very emotionally difficult, and they are legally complicated on top of that. Many divorces involve several family law cases at the same time, such as:

• Property division. Spouses have equal claim to their marital property, while each party keeps their own separate property. When the court divides property, it divides it as equally as possible. It is important that all assets and debts are correctly evaluated and property categorized as separate or marital property. An attorney can help with this process and help advocate for your interests.
• Child custody. Child custody determines if one or both parents have the ability to make decisions for their child and where a child lives. Custody determinations are always based on the best interests of the child.

The court decides what is in the child’s best interests based on several factors, including the relationship between both parents and their child, the mental and physical well-being of the child and both parents, and the likelihood of a child being abused in any custody arrangement.

• Child support. Parents have a responsibility to provide their children with financial support. When parents separate, the court orders child support payments to ensure both parents maintain their financial obligations. 4% of custodial parents as of 2017 had a court-ordered or informal child support agreement with the other parent.

The amount of support and which parent pays it will depend on the custody arrangement, the income of each party, the needs of the child, and other factors. Child support is also always decided based on the child’s interests.

• Spousal support. There are two types of spousal support: interim support and final periodic support. Both types of support are awarded based on the needs of one spouse. Interim support is awarded during the divorce proceedings.

Final periodic support is awarded in the divorce decree, and its amount is dependent on factors like the existence of any abuse by the other spouse, the age and health of both spouses, and the obligations either spouse has through child support.

• Domestic violence. Claims of domestic violence can heavily influence the court’s decisions about the divorce decree. If these claims are false, it is crucial that this is brought to light so that the final divorce order is fair. Victims of domestic abuse should be able to obtain protection through restraining orders and get support in a divorce decree that considers the impact of the abuse.

When you have a family law case in Vermillion Parish, it will likely be handled by the 15th Judicial District Court, as the case should be filed in the parish where you and your family reside. The Vermillion Parish Courthouse is located in Abbeville at 100 North State Street.

Work With Bertuccini Law Firm in Vermillion Parish

Navigating the process of a divorce is stressful, but it can be much more straightforward with the right legal representation. Contact Bertuccini Law Firm today and let our team help you work towards your future.