Our family law attorneys handle all types of divorce cases including: contested, uncontested, same-sex, covenant marriage, and military divorce. Often, divorces involve ancillary disputes, such as custody, child and spousal support, and division of community property. The SNW family law attorneys can assist you in all aspects of your divorce – contact us today to schedule a consultation. 

Choosing the right attorney is especially important when children are involved. The SNW family law team can help you establish a custody plan, litigate custody, enforce a custody order, establish paternity, and more. In Louisiana, child custody has two components:  legal custody and physical custody. Legal custody is the decision-making authority that the parents have over their children, while physical custody is the actual physical  time the child spends with each parent.  Custody can be decided by consent of the parties or by the Court if the parents are unable to agree. The Court weighs a set of factors set out by the Louisiana legislature to determine the child’s best interest in establishing both physical and legal custody of the children.  The SNW family law attorneys are skilled in helping parents navigate custody settlements and litigation. We understand the importance of fostering parent-child relationships and will always advocate for your children’s best interests and your rights as a parent

Child support is a court-ordered payment made by one parent to the other to help cover the expenses of raising a child. The parent who has primary physical custody of the child is typically the one entitled to child support, while the noncustodial parent is the one who typically pays. Child support is intended to help cover the costs of a child’s basic needs, such as food, clothing, and shelter, as well as other expenses, such as medical care and education. Child support is calculated based on the physical custody time each parent has with the child, the parents’ respective incomes, and the child’s expenses, such as healthcare and education. 

Our SNW family law attorneys are here to help you understand your legal rights and obligations, and guide you through child support determinations. We can help you seek a fair child support order, modify an existing order, or, if review an existing order to ensure that it is reasonable and manageable. 

Upon divorce, the parties partition their property, equally dividing the assets and liabilities owned by the spouses. In Louisiana, property owned by a married person is classified as either separate property or community property. In accordance with the law, there is a presumption that all property, whatsoever, acquired during a marriage is community property; however, exceptions apply. The term "property" under the law is broadly construed and includes everything a person could own including real estate, bank accounts, stocks, bonds, wages, and more. Spouses can vary the agreement by  establishing a separate property regime, executing a prenuptial agreement, or by executing a written agreement upon acquisition of the property.  

Differentiating between community property and separate property is crucial when preparing for marriage, divorce, estate planning, and in successions.   

If you have any questions or concerns regarding community or separate property, prenups, or divorce, please contact the SNW family law attorneys to set up a consultation. 

The Louisiana Legislature has enacted numerous laws that create legal protections for victims of domestic abuse, dating violence, stalking, and sexual assault. They created and developed a civil remedy for domestic violence which affords the victim immediate and easily accessible protection by filing for a Temporary Restraining Order and Protective Order against the abuser. Contact an SNW family law attorney if you or your children are victims of domestic abuse or violence, stalking, or sexual assault.

It is becoming more and more popular for couples to create prenuptial, or premarital, agreements before they get married, or even postnuptial agreements after they've tied the knot. Agreeing on the terms of a potential divorce settlement in advance allows you and your significant other to decide how you wish your assets and debts to be divided in the event of a divorce. These agreements are especially valuable if there is a large discrepancy between income and/or assets of the parties, if either party owns property or a business, or if the parties have children from other marriages. It is important that each party has their own family law attorney to represent them and their interests when entering into a marital agreement, which may include:

• A division of assets in the event of divorce or separation.
• How finances and assets will be handled during the marriage.
• Spousal support terms in the event of divorce.
• Any business or property ownership issues.
• The handling of gifts, inheritances, or trusts.
• Benefits, disability, and insurance coverage.

If you are interested in a pre- or post-marital agreement, or wish to enforce or challenge one, contact the SNW family law attorneys to set up a consult. 

When an individual in Louisiana is unable to handle their own affairs or make their own decisions, it may be necessary for the court to appoint someone to handle those things for them. While this is called guardianship or conservatorship in other states, Louisiana calls this relationship interdiction. Individuals needing interdiction may be elderly persons with cognitive decline, children who turn 18 and do not have capacity to make their own decisions, or those with an injury or cognitive impairment necessitating another individual be appointed to make medical and/or financial decisions on their behalf. The SNW family law attorneys help families that are facing these challenging circumstances to do what is in the best interest of the impaired individual. 

In a Louisiana interdiction, the incapacitated person is known as the interdict, and the person appointed by the court to make decisions on the interdict’s behalf is known as the curator. Curators are often family members or other trusted representatives of the interdict, who are approved by the court to have legal control over responsibilities such as making medical decisions and managing financial affairs for the interdict. This must be approved by the court and requires the filing of a petition and a court hearing. Interdictions are a specialized, intricate area of the law that require skilled attorneys. If you think a your family member needs interdiction, or if you have any other family law concerns, contact an SNW family law attorney to set up a consultation. 

Mediation is often a faster and more streamlined approach used to determine many of the issues outlined above. Mediation involves a process of using an impartial referee to help divorcing parents come to an agreement on child custody issues (including legal custody and physical custody), child and spousal support, property partition, that work best for their family.  Mediation can be helpful when one or both parties are having difficulty agreeing on these issues because they cannot communicate effectively or have trouble seeing things from the other person’s point of view. SNW attorney Johnston Burkhardt is a Child Custody and Visitation Mediator, and he is listed on the LSBA Alternative Dispute Resolution Section's Mediator Registry. Contact him today to set up a consultation to see if your family would benefit from mediation.