Experienced, Award-Winning New Orleans Divorce Lawyer
Last updated on July 15, 2025
Divorce is a complicated legal process. It is also a highly emotional life event. Parting ways with your spouse gives rise to complex issues regarding your finances, property and – most importantly – your children.
At Betsy A. Fischer & Associates, LLC, we are here to help you through these significant transitions. We understand how intimidating the divorce process can seem. Our mission is to provide real-world guidance on the practical and legal ramifications of divorce. Armed with that knowledge, you can feel more confident about making informed decisions on the road ahead.
Our Louisiana divorce practice involves us in any number of situations, including annulment, military divorce, relocation, and prenuptial and postnuptial agreements. We can answer your questions about how Louisiana courts handle divorce and what marital property laws may apply to community property and alimony (spousal support). We also understand Louisiana child custody laws, and we can help with sensitive issues that involve minor children and parental rights. Talk to us about how the law defines the best interest of the child and how the custodial parent or parent with sole custody is chosen. We can help you manage child custody issues such as joint custody, physical custody and reasonable visitation rights.
The Grounds For Divorce
Just as every marriage is unique, so, too, is each divorce case. The particular path your divorce follows will depend a great deal on your circumstances and goals. For some, divorce is a relatively painless process with few or no contested issues. Yet even in uncontested divorce cases, it is critical to seek guidance from an attorney. Our firm will help you avoid pitfalls and make sure that no loose ends remain. We offer discounted flat-fee representation for uncontested cases.
In other divorces, disagreements may be unavoidable. You will need an experienced advocate to protect your rights and prepare a strong case.
The Laws That Govern Divorces In Louisiana
The Louisiana Civil Code has many provisions that govern divorces, and a qualified attorney has experience dealing with the code and its application. The main aspect you should be familiar with is that Louisiana law allows two types of divorce:
- Article 102 divorce: This applies to couples with or without minor children. Article 102 allows for a no-fault divorce. Article 102 permits a no-fault divorce for spouses who are not yet separated but must live apart for the required waiting period of either 180 or 365 days.
- Article 103 divorce: This applies to couples with or without minor children. Article 103 allows for a no-fault divorce. Article 103 permits a no-fault divorce for spouses who have already lived apart for the required waiting time of 180 or 365 days.
Additionally, for marriages with or without minor children, Article 103 allows for fault-based divorces.
The grounds for divorce under Article 103 are if the other spouse has committed adultery, has been sentenced to death or hard labor for committing a crime, or has committed domestic violence. Article 103 fault-based divorce has no waiting time.
An Experienced New Orleans Attorney And Recognized Author On Louisiana Divorces
Ms. Fischer is recognized as one of the New Orleans area’s leading divorce and family law professionals. Her book, Divorce in Louisiana: The Legal Process, Your Rights, and What to Expect (Addicus Books, Omaha), is a leading publication about the complex area of the divorce process and a step-by-step guide to help you through every aspect of divorce, beginning with what to look for when hiring the right divorce lawyer.
When clients hire her to assist with their divorce, they can have peace of mind knowing that she is committed to providing compassionate counsel and finding compromises. However, she also understands that all couples can reach a compromise. If that’s the case, she is ready to put her 30 years of experience to work in the courtroom, fighting for her clients’ wishes and interests.
Community Property: Marital Residence, Property Settlements And Property Division
Louisiana does not follow the majority of states in property rights after divorce. Typically, states have equitable distribution principles, but Louisiana goes by community property laws.
Community property consists of all assets of a marriage, regardless of how they were acquired – other than inheritance or gift. Under Louisiana law, community property belongs equally to both spouses, regardless of which spouse is responsible for the property.
How Can A Divorce Attorney Help With Property Division In Louisiana?
A divorce attorney can help couples going through a divorce determine how the property should be divided. Typically, in Louisiana, couples will reach a settlement agreement to decide how the property should be split. Alternatively, the couple can decide to have a judge determine the property division if they are unable to come to an agreement.
A Louisiana divorce attorney who handles your case will offer legal advice and determine property allocation by the following three steps:
- They will identify all property and assets, and mark each as community or separate.
- They will then try to determine the property valuation for all community property assets.
- They will finally decide on how the property should be divided.
Hiring a Louisiana divorce attorney can help you navigate the property division process more effectively. Without an attorney, you may have to negotiate an agreement with your spouse on your own or rely on the court’s decision, which might not be as favorable as having professional legal representation.
The important note to remember is that all debts must also be assigned during property division proceedings.
Serving New Orleans, Metairie And Surrounding Parishes – Contact Us Today
To discuss your matter with an experienced attorney serving Metairie and all surrounding areas, please call our firm at 504-688-6953. You can also make an appointment for an entirely confidential initial consultation at a reduced rate with attorney Betsy A. Fischer by contacting the firm online.