Experienced Family Law Attorney in Lake Charles
Family law cases can make substantial changes to your life. Though it can feel overwhelming, know that you can have control in this situation. By working with a Lake Charles family lawyer, you can clearly understand the legal requirements of your family law case and what you can do to protect your family’s future.
At McHale Law Firm, we have helped individuals and couples navigate divorce for more than 65. Michael McHale has 31 years of legal experience and knows that compassion and empathetic legal counsel are essential in family law cases. He walks you through your specific situation and helps create a unique solution for your divorce or family law case.
McHale Law Firm wants to help you move forward to a better future. Our firm can answer your questions about divorce and family law, and our compassionate legal team can keep you fully informed throughout each step of your case.
In Lake Charles, the 14th Judicial District Court (JDC) serves Calcasieu Parish. The 14th JDC Family and Juvenile Court is located at 1000 Ryan Street, North Annex.
Our Family Law Case Experience
At McHale Law Firm, we understand the many concerns of individuals and families navigating family law cases because we have handled many of these cases. We take care to listen to your unique concerns and help navigate your case with clear legal advice. Our firm can help in the following areas of family law:
Divorce
A divorce is a stressful and tumultuous time, even when you know it’s the right choice for your family. It’s a uniquely emotional and financial strain, on top of everything else you’re managing.
As of 2023, the most recent year with data, Louisiana’s divorce rate was 0.9 per 1,000 population, one of the lowest rates of any state that reports this data, compared to a U.S. rate of 2.4 per 1,000 population that same year. Your divorce is more than just a number, however. It is an exceptional change in your life, and you need support.
A divorce can be filed on fault grounds or no-fault grounds. This can impact several aspects of the case, including the time you have to wait to have the divorce finalized and the awarding of spousal support. It is important to work with a Lake Charles family attorney who will consider your individual circumstances and determine a resolution considering your unique needs.
Divorces are especially complex because they can involve multiple family law issues. You don’t have to navigate these complex cases alone.
Child Custody and Support
Cases involving children can be especially difficult, whether it is a divorce, separation, or paternity case. Having skilled legal support by your side is crucial to helping you navigate a child custody or child support case.
When the court makes decisions for children, Louisiana law requires it to weigh all relevant factors in the child’s best interest, under Louisiana Civil Code Article 134. This includes reviewing an agreement that parents make about child custody or support. The law lists 14 factors judges must weigh when they’re relevant to the case, including:
- The potential for the child to be abused, which the law treats as the primary consideration
- The love, affection, and other emotional ties between each parent and the child
- Each parent’s ability and willingness to give the child love, guidance, and continued schooling
- The ability and disposition of each parent to provide their child with food, clothing, and other material needs, and to give their child care and emotional guidance
- How long the child has lived in a stable home, and the value of keeping that stability
- Each parent’s moral fitness, to the point that it would impact their child
- Any history of substance abuse, violence, or criminal activity by either parent
- The mental and physical health of each parent and their child
- The child’s home, school, and community history
- The child’s own reasonable preference, if the court believes the child is old enough to express one
No single factor decides a case on its own, and judges do not use a strict formula. A skilled Lake Charles family lawyer can help you show the court the specific facts that matter most in your situation.
Child support is then based on the income of each parent and the amount of time they take care of their child in the custody arrangement.
A child’s interests should come first in any decision made about them. When you work with an attorney, they can help you and your co-parent create a parenting plan that fits your family’s needs or help you advocate for your children’s interests in court.
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Property Division
Louisiana is a community property state, so spouses generally have an equal claim to the assets and debts they build up during the marriage. Under Louisiana Revised Statute 9:2801, the goal is for each spouse to end up with property of equal overall value, not for every single item to be split in half. A court can award one spouse an entire asset, such as the family home or a retirement account, and balance things out by giving the other spouse different property or a cash payment instead. If you have a prenuptial agreement or divide your property outside of court, you may not be subject to this default rule. Working with an attorney is crucial for determining your options in property division and protecting what’s yours.
Other Family Law Matters We Handle
Divorce, custody, and property division are not the only family law issues McHale Law Firm handles. Louisiana families come to us with a range of other legal needs, including:
Paternity
Establishing legal paternity matters for child support, custody, and inheritance rights. Louisiana law allows paternity to be established by voluntary acknowledgment or, when there is a dispute, through a court action supported by genetic testing. Once paternity is legally established, the father gains the right to seek custody or visitation, and the child gains the right to support from both parents.
Adoption
Whether you are a stepparent hoping to formalize your role in your spouse’s child’s life, a relative seeking to adopt a family member, or a family working through a private adoption, Louisiana’s adoption process involves specific consents, notice requirements, and, in most cases, a home study. An attorney can help you understand which type of adoption applies to your situation and keep the process moving.
Prenuptial and Postnuptial Agreements
A prenuptial agreement, signed before marriage, or a postnuptial agreement, signed after, lets spouses decide in advance how property and debt will be handled if the marriage ends. Louisiana law lets spouses opt out of the standard community property rules through a matrimonial agreement, as long as it is in writing and meets the state’s formal requirements. These agreements can protect a business, an inheritance, or property you owned before the marriage.
Marriage Annulment
An annulment is different from a divorce. Instead of ending a valid marriage, it is a court’s declaration that the marriage was never legally valid in the first place, for reasons such as a prior undissolved marriage, certain close family relationships, or a marriage entered into through fraud or duress. Annulment cases can be legally complex, and the facts you can prove matter a great deal to the outcome.
If you are unsure which of these issues applies to your situation, or if your case involves more than one, McHale Law Firm can walk you through your options during a consultation.
FAQs
When Should I Hire a Family Lawyer?
You should hire a family lawyer if you are dealing with a family law issue, such as a divorce, a child custody and support case, a paternity determination, an adoption, or when creating a prenuptial agreement.
These are cases that impact your life significantly, so even if they seem straightforward, it is important that you have compassionate and diligent support from a Lake Charles family attorney. An attorney understands the legal requirements for your family law case in your jurisdiction.
What Kind of Lawyer Do I Need to File for a Divorce?
While Louisiana doesn’t require you to have a lawyer to file for divorce, hiring a family lawyer is strongly recommended. A seasoned attorney can help you protect your personal and financial interests in divorce and help you and your spouse create a fair divorce agreement outside of court. If you and your spouse cannot reach an agreement, your attorney can confidently represent your interests in court.
How Do You Qualify for Spousal Support in Louisiana?
You may qualify for spousal support if the court determines that you are in need of support and you were considered free from fault for the divorce prior to the proceeding being filed, under Louisiana Civil Code Article 111. There is both interim and final periodic spousal support. Both types of support consider several factors when determining if support is needed, and how much or how long the support should be awarded.
How Long Does a Divorce Take in Louisiana?
Louisiana requires a mandatory separation period before most divorces can be finalized: 180 days if you do not have minor children. If you have minor children, it is usually 365 days — but the wait drops back to 180 days if there has been physical or sexual abuse in the marriage. This is counted from the date your spouse is served or from when you began living apart. Fault-based divorces, such as those involving adultery or abuse, do not require this waiting period.
What Is a Domiciliary Parent in Louisiana?
When parents share joint custody, Louisiana law usually requires the court to name one parent as the domiciliary parent, the parent the child primarily lives with, under Louisiana Revised Statute 9:335. The other parent still has physical custody during their parenting time and a say in major decisions. If the parents disagree about a major decision, the domiciliary parent’s choice is presumed to be in the child’s best interest unless the other parent challenges it in court.
Can I Modify a Child Custody Order in Louisiana?
Yes, but you generally need to show the court that circumstances have changed materially since the last custody order and that a new arrangement would serve the child’s best interest. The exact legal standard can depend on whether your prior order came from an agreement between the parents or from a contested court decision, so it is worth talking to a family lawyer before you file.
Hire a Family Lawyer in Lake Charles
When you need tireless and compassionate legal representation, contact McHale Law Firm. Let us help you resolve these crucial issues and advocate for the optimal solution for your family.
