The Hillman Law Office Blog

Do You Have a Louisiana Will?

Thu, 30 Dec 2021 00:09:00 GMT

Do you have a Louisiana will? Do you need a Louisiana will? These are important questions to consider. A valid Louisiana will can not only legally […] The post Do You Have a Louisiana Will? appeared first on Hillman Law Firm.

Do you have a Louisiana will? Do you need a Louisiana will? These are important questions to consider. A valid Louisiana will can not only legally protect your spouse, children and assets, but can give peace of mind to your family in carrying out your wishes. Here are a few of the reasons and situations when it is very important to have a will:

Do you fall into any of these categories? Have questions? Contact me – I want to help you.

Disclaimer: The information contained in this article is for general information purposes only. Nothing in this article is or should be considered legal advice. The information in this article is not intended to create an attorney-client relationship, and viewing or receipt of information from this article does not create an attorney-client relationship.

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What is a Louisiana Succession, and do you need to do one?

Fri, 29 Oct 2021 19:50:44 GMT

When a person dies in Louisiana and leaves behind assets that need to be transferred into someone else’s possession a Succession is generally opened. This process is called Probate in other states There are different types of Successions in Louisiana which include:

Intestate Succession

There is no will and assets are distributed according to the laws of Louisiana which gives preference to children and surviving spouses.

Testamentary Succession

A will has been left and the named hairs are put into possession

Affidavit for Small Succession

A legal affidavit that distributes assets when the total value of the Succession is under $125,000 and there is little-to-no debt.

It is important to note that not all assets go through the Succession. Life insurances pay-outs and investment retirement accounts with a named beneficiary are not considered assets of the Succession.

If a family member of yours has passed away and you need assistance with transferring the assets through a Succession, please call me. I am here to answer your questions and guide you through the legal process.

Navigating Divorce During the Holidays

Thu, 30 Sep 2021 18:14:05 GMT

The holidays are supposed to be a time of joy and celebration, but when you're going through a divorce they can feel like the most difficult time of year. Whether this is your first holiday season in the midst of a divorce or you've been separated for years, it's important to know how to navigate these once-joyous occasions in order to keep things as lighthearted as possible.

Here are a few quick tips for co-parenting during the holidays:

Get specific about your co-parenting plan, especially when it comes to pick-up and drop-off times
Sit down and talk with your children about what is to come
Plan new traditions for the future
Rely on the support of family and friends

It is not easy to co-parent, regardless of the time of year--though one will truly be tested during holidays. Missing out on Christmas or ringing in New Year alone can take a tough toll and deprive you of some much-needed family togetherness with your children. Every parent taking part in the holidays should communicate and be sure to plan ahead! Planning an approach towards these special occasions without getting too emotional would ease their entire experience overall by knowing what's expected going forward like traditions shared between families etcetera.

For example, school events and prearranged holiday celebrations can be fun experiences but can quickly turn sour if unexpected situations arise. Be clear with the other parent about who will be attending, especially the time schedule. The fewer the surprises the better when emotions are still raw. Try to put kids' emotions and needs first.

Co-parenting during the holidays can be a challenge. It's important to prioritize your children and their needs. Try to keep your own negative emotions to yourself as it will only hurt them if they see your distress. Remember that co-parenting is an ongoing process that requires patience on both sides of the equation; it will require time and effort, but it will be worth it in the long run!

For more information on co-parenting and other family law topics please feel free to contact us at (985) 302-0813 or fill out our online form by clicking here.

Top 5 reasons Why You Should Hire a Family Law Attorney

Mon, 26 Jul 2021 21:36:50 GMT

Families often find themselves in the midst of a highly emotional situation, which can cause them to feel overwhelmed. A family law attorney can help guide you through this difficult time by protecting your interests.

Family law is a complicated and intricate area of the law. There are many reasons why hiring an attorney can be beneficial to you as well as your family. For example, if you are in the process of divorce, or up for dissolution, then it is important to hire a family law attorney. A family law attorney can help with all aspects of your case from custody and visitation rights to property division. You will be able to have peace of mind knowing that someone is on your side and helping you through this difficult time.

Here are the top 5 reasons to hire a family law attorney:

#1: Legal Facts And Procedures

Family law is confusing. The legal system has a lot of rules and procedures that require a strong command of the law. A good family lawyer will be familiar with these rules and can help you properly file your paperwork.

#2: Relationships With Courthouse Staff

Good lawyers know how to work with the courthouse staff that handle family records. You want a family lawyer that has developed a reputation for being professional and knowledgeable.

#3: Bringing In Experts

When you go to court, it helps to be armed with as much information and research as possible. Your family law attorney will know which experts and studies should be brought in to support your case.

#4: Negotiating With The Other Side

Family law attorneys are trained to negotiate with the other party. Your lawyer can help you come up with a reasonable settlement that will satisfy both parties.

#5: Representation In Court

You do not want to represent yourself in court. You should have an attorney during the divorce or custody process for your best interests. Your lawyer will represent you in court and help you to protect your rights.

Do you have a hurricane evacuation custody plan?

Wed, 26 Sep 2018 22:22:00 GMT

It is hurricane season and this season has been an active one. If you are divorced with young children, then you should discuss with your children’s […] The post Do you have a hurricane evacuation custody plan? appeared first on Hillman Law Firm.

It is hurricane season and this season has been an active one. If you are divorced with young children, then you should discuss with your children’s other parent how you are going to handle an evacuation. Which parent are they going with? Where are they going to stay? Who is evacuating with them? These issues can be addressed in your custody judgment or informally agreed upon ahead of time. If every conversation you have with your child’s other parent is contentious, then I do recommend putting these agreements into your judgment. Possibly, you can agree to evacuate to the same area, especially if your children are young.

When deciding on an evacuation plan for your children, try not to let your ego get in the way of making the best decision. Honestly look at what really would be the best situation for your kid’s safety and comfort. Who has an extended family that can help with kids? Who has an aunt in Jackson or Shreveport or another close, safe area?

I am divorced with children, and in my case, I humbly must admit that their father is probably a better parent choice for a hurricane/ evacuation. He has a big family, expensive generator and freezers full of venison. His mother evacuates with prepared meals, blow up mattresses for the grandchildren and an RV. I am an only child, don’t own a real ice chest and am likely to be eating sunflower seeds at a rest stop near Dollywood. My mother shows up at my house to evacuate with silver goblets, her mink coat and black strapless bra – apparently a good one is hard to find – this is a true story!

Bottom line – You know your family’s situation and resources. Be honest with yourself and know that this is a temporary , emergency situation. Plan ahead to make your family’s evacuation smoother.

If you are someone you know needs assistance with a divorce, custody or support issue, please call me. I would be glad to meet, assess the situation and formulate a plan to move forward.

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Sending your child off to college? Consider having a POA

Tue, 31 Jul 2018 22:44:00 GMT

Like many parents right now I am getting my child ready for college life away from home. We have shopped for all the fun dorm stuff, […] The post Sending your child off to college? Consider having a POA appeared first on Hillman Law Firm.

Like many parents right now I am getting my child ready for college life away from home. We have shopped for all the fun dorm stuff, made move in plans with the roommate and I have repeatedly reminded her of the importance of showing up for class – no matter what! In all this excitement, there is one other thing that I believe parents should consider doing and that is discussing with their child implementing a medical and financial power of attorney.

While you still consider yourself your child’s protector and provider, if your child is 18 you are no longer freely allowed access to medical or financial information. If there is a medical emergency the medical provider can refuse to disclose information to you. It would be horrible to find out your child has been admitted to a hospital and then denied information or the ability to discuss treatment plans and make urgent decisions regarding care. Having a valid power of attorney will enable you as a parent to immediately make medical decisions if your child is physically unable to do so.

Contact me if you want to have a power of attorney created for your college student. It is an easy document to create and I can prepare and explain the process to you both.

The post Sending your child off to college? Consider having a POA appeared first on Hillman Law Firm .

What is an HOC? HELP!!

Tue, 03 Jul 2018 15:42:00 GMT

Many clients ask me to explain what a HOC stands for. HOC stands for Hearing Officer Conference. In St. Tammany and Washington Parishes, if you have a […] The post What is an HOC? HELP!! appeared first on Hillman Law Firm.

Many clients ask me to explain what a HOC stands for. HOC stands for Hearing Officer Conference. In St. Tammany and Washington Parishes, if you have a dispute regarding custody, support or a related family court issue, you will attend what is known as a HOC several weeks before your actual court date with the Judge. The HOC is a less formal meeting where the parties attempt to resolve their issues with an appointed and trained representative of the court. This person can also refer the parties to other experts who can assist in resolving some of the issues. The goal of this meeting is for the parties to come to an agreement on the issues that are before the court and sign a consent judgment. Everyone is allowed to respectfully speak freely, voice their concerns and offer possible solutions. Attorneys representing the parties are also present. If the parties cannot come to an agreement, then the Hearing Officer will make written recommendations to the Judge which become temporary orders and ultimately permanent orders unless an Objection is timely filed. The HOC is a critical part of your legal journey.

You can read more about the process here: http://www.22ndjdc.com/family-court.html or contact me and set up a consultation. It is best to go through this with an attorney who is familiar with the process. As I have stated before – Your divorce is NOT a DIY project! Call me 985-302-0813.

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What type of custody plan is right for you?

Tue, 22 May 2018 19:28:00 GMT

If you are going through a divorce and you have minor children, you are going to have to come up with a custody plan. This is […] The post What type of custody plan is right for you? appeared first on Hillman Law Firm.

If you are going through a divorce and you have minor children, you are going to have to come up with a custody plan. This is not always easy and can become one of the most contested aspects of a divorce. So, what are the types of custody situations in Louisiana and which one is right for your family?

Louisiana child custody laws are based on the “best interests of the child.” In applying the standard, a Louisiana court considers many such factors as the physical and mental health of the parents, which parent historically has been the primary caretaker of a child, and the residential status of the parents.

There are several different custody arrangements that the courts will consider:

Joint custody – This is the most preferred custody arrangement because it allows both parents to have decision-making powers over the child. Typically, one parent is designated as the domiciliary parent, this parent makes the final decision when parents can’t agree but this can be reviewed by a court if requested. If no domiciliary parent is designated, then both parents have equal decision-making authority. The children may spend more physical time with one of the parents, but neither parent is deprived of decision-making powers and a visitation schedule is established.

Joint/Shared custody – This type of custody arrangement is becoming more prevalent in Louisiana as courts are moving in the direction of recognizing equal parenting rights and providing as much parenting time to each party as possible. In a joint/shared custody arrangement, both parents have equal 50/50 amounts of time with the children. Again, the parties may or may not vest one of the parents with the right to make final decisions regarding school, health and other decisions or the parents may agree to a parenting plan specifying who makes certain decisions.

Split custody – A joint custody plan that places some of the children primarily with one parent and the remaining children with the other parent. The children are “split “between households with the parent who is the primary caregiver usually being designated as the domiciliary parent. A visitation schedule can also be implemented.

Sole custody – One parent has sole custody of the child and sole responsibility and ability to make all decisions regarding the child. This is not a common form of custody and is used mostly in extreme cases. The other parent may or may not have visitation rights. A parent wishing to achieve sole custody must show by clear and convincing evidence that sole custody will serve the best interest of the child.

Non-parental custody – If neither parent is deemed fit to care for the child this type of custody may be established. Custody is given to someone other than a parent, usually a relative or close friend of the family. Parents may or may not be granted visitation rights depending upon the situation.

If both parents can reach an agreement regarding custody, the court will likely approve their proposed arrangement as long as it serves the child’s best interests. It is important to discuss what is the right plan for you with your attorney and to have an idea of the custody plan that you want for your family going forward. Contact me and set up a consultation to learn more.

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Do you need a prenuptial agreement?

Sun, 22 Apr 2018 01:33:00 GMT

Do you need a prenuptial agreement? Some need it more than others… A Louisiana matrimonial agreement, what is typically referred to as a prenup, is a […] The post Do you need a prenuptial agreement? appeared first on Hillman Law Firm.

Do you need a prenuptial agreement? Some need it more than others…

A Louisiana matrimonial agreement, what is typically referred to as a prenup, is a document executed before the wedding takes place that dictates how assets and debts will be owned during the marriage and which legal regime the parties wish to be a part of. Louisiana is a community property state, which means absent a valid prenuptial agreement, the parties are governed by the laws of community property.

I get asked often, “Who really needs a prenup?” My general advice is that those who have children from a prior relationship should consider a prenuptial agreement to ensure their children’s inheritance rights are protected and clear. Also, those who are involved in family-owned businesses, inheriting family held assets or have assets in a trust should consider a prenuptial agreement.

Spouses may enter into a prenuptial agreement regarding any issues that are not prevented by law, but usually, the agreement covers things such as:

– each spouse’s rights to property owned individually, and jointly as a couple

– what happens to the appreciation in value of separate assets

– how assets and debts are divided if the couple divorces or one spouse dies

– whether one spouse will pay the other alimony, and if so, the amount and duration

– whether a spouse must reimburse the other for certain amounts spent during the marriage

– how the spouses will pay expenses during the marriage, and

If you think that you may need a prenuptial agreement, please give me a call. We can go over your needs/situation together and devise a contract that is right for you and your future spouse.

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Preparing for a divorce? A few recommendations from me…….

Fri, 23 Feb 2018 19:50:00 GMT

Some people know a divorce is on the horizon. They feel it, or want it, and have the wherewithal to take a few steps to prepare […] The post Preparing for a divorce? A few recommendations from me……. appeared first on Hillman Law Firm.

Some people know a divorce is on the horizon. They feel it, or want it, and have the wherewithal to take a few steps to prepare for it. Others may be completely blindsided by their divorce (like me) – this little post is not as much for you, but if you can stop crying for a few minutes you can help yourself too.

1) Get a handle on your finances. Know your debt and all sources of income of your spouse. Find out about investments and savings that may exist. Make copies of paystubs, credit card statements, tax returns, etc… What are your monthly expenses? Tuition? How much will you need to live alone? Start paying attention.

2) Start thinking about where you will live and custody options for children. Are you the primary caretaker of kids? Can you stay in the house? Does the house need to be sold? Start looking at temporary housing solutions. Somebody must move out.

3) Rely on very close friends and family for support and advice. When the time is right, confide in a few close friends. Let people help you. This is not going to be easy and is no time for pride. You are going to need help and support from those who love you. Consider talking to a professional therapist as well.

4) Schedule a consultation with an attorney. Most family lawyers charge a small consult fee. For about $150 you can get advice about your specific situation. You can identify what your legal needs are and the process to move forward. You will gain some understanding of what to expect and this will alleviate some of the fear and better prepare you.

Know that there is life on the other side of divorce – and it can be a better, happier life too! You have to get through it first though. If you or someone you know is considering a divorce, please have them contact me for a consultation. marie@hillmanplc.com . Please share.

Disclaimer: The information contained in this article is for general information purposes only. Nothing in this article is or should be considered legal advice. The information in this article is not intended to create an attorney-client relationship, and viewing or receipt of information from this article does not create an attorney-client relationship.

The post Preparing for a divorce? A few recommendations from me……. appeared first on Hillman Law Firm .

Do you have a will?

Thu, 28 Dec 2017 13:59:00 GMT

A will is very important to have ESPECIALLY if you are divorced or remarried, but there are other documents you really should have in place – […] The post Do you have a will? appeared first on Hillman Law Firm.

A will is very important to have ESPECIALLY if you are divorced or remarried, but there are other documents you really should have in place – for yourself and your parents. A springing power of attorney is one of the most important, along with a living will. If something happens, you need to have someone with authority to make financial and medical decisions for you and you need to have that in place for your parents as well. Contact me and I will help you get this in place. Flat fee pricing makes it easy to get done. CNBC shares an important blog post: Got a will? Here are 11 more end-of-life documents you many need

Have questions? Contact me – I want to help you.

The post Do you have a will? appeared first on Hillman Law Firm .

Domestic Violence

Wed, 29 Nov 2017 20:26:00 GMT

Are you a victim of domestic violence? What is domestic violence? I just met with an overwhelmed, scared wife and mother who told me about her […] The post Domestic Violence appeared first on Hillman Law Firm.

Are you a victim of domestic violence? What is domestic violence? I just met with an overwhelmed, scared wife and mother who told me about her current situation. It broke my heart. She needs legal help and a protective order to get out and kids safe. Her abuser is really slick and makes her feel like she might be the crazy one and that she is helpless. She asked me several times if her situation was “normal”. I guaranteed her that it was NOT “normal” and that, if what she was telling me was true she was most definitely in an abusive violent relationship and deserved and needed to get out. I am by no means an expert on this, but I shared the following document with her. It is concise and clear on what truly is domestic violence. Abuse is dealt in a myriad of ways that don’t leave physical marks but that hurt to the core. Read this if you are someone you know needs to know more.

http://www.ncdsv.org/images/dv_faqs.pdf

Here is a link to Safe Harbor that helps those in St. Tammany Parish: http://safeharbornorthshore.org/

Link to Protective Order forms that can be filed with the Washington or St. Tammany Parish Clerk’s office: http://www.22ndjdc.com/assets/22nd-jdc-protective-order-ar.pdf

St. Tammany Parish 24 Hour Domestic Violence — Crisis Line- 1-888-411-1333

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Need help with co-parenting?

Thu, 09 Nov 2017 15:21:00 GMT

Need help with co-parenting? Yes, there is an app for that! One of the biggest complaints I hear from divorced parents is that there is a […] The post Need help with co-parenting? appeared first on Hillman Law Firm.

Need help with co-parenting? Yes, there is an app for that!

One of the biggest complaints I hear from divorced parents is that there is a lack of communication. The first few years can be especially challenging as emotions are heated and high.

Fortunately, there are now websites and mobile apps that can allow you to co-parent much more effectively and without a lot of confusion, drama or the “he said/she said”. Everything about the kid’s schedules, school events expenses, and parent communications is all stored in one place. Our court system in St. Tammany often recommends Our Family Wizard as a tool for parents. OurFamilyWizard.com There is a $99 yearly per parent fee, but you will save yourself a lot of misery and attorney fees if you get in the habit of using a program such as this one.

Here are a few of the features that it offers:

If you had trouble communicating with your child’s parent about child issues before you were divorced, I can guarantee you it will be even more difficult when you are living in separate houses. Websites like OurFamilyWizard.com exist to make your co-parenting a little easier. If you don’t have to talk to the other person directly you can remain much calmer and that is a big win!

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You CAN and WILL Survive!

Mon, 09 Oct 2017 18:10:00 GMT

I have had two clients both tell me recently that they are so relieved that they finally had the courage to file for divorce. One client’s […] The post You CAN and WILL Survive! appeared first on Hillman Law Firm.

I have had two clients both tell me recently that they are so relieved that they finally had the courage to file for divorce. One client’s divorce was just finalized and the other just started living in her own home with the kids. Both of them expressed how the fear of it all was actually much worse than the actual process, and that if they would have known how much better it actually was on the other side they would not have put it off for so many years. I don’t want anyone to think that I am an advocate for ending marriages but I am an advocate for taking that step that you KNOW needs to happen for your family, dignity or even sometimes your soul.

It is always my goal to steer my clients on a path that gets them to the other side with DIGNITY. As always, I’m here to help. If you have additional question, you can contact me at marie@hillmanplc.com or call the office at (985) 302-0813.

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Should I Go Back to My Maiden Name After the Divorce?

Sat, 08 Jul 2017 14:46:00 GMT

The name you use is an essential part of your identity. It is how you are known and how you first introduce yourself to others. You […] The post Should I Go Back to My Maiden Name After the Divorce? appeared first on Hillman Law Firm.

The name you use is an essential part of your identity. It is how you are known and how you first introduce yourself to others. You have to be comfortable with and should be proud of your name. So after a divorce, what name should you use? I tell my lady clients that this is a personal decision for them to make. There is no right or wrong decision. You just have to do what feels right for you moving forward.

Some mothers want to keep the same name as their children to keep things simpler with school and maintain their identity. Some have been using it so long that they are just more comfortable keeping the married name. On the opposite end, I have clients who go down to the social security office the day they have their divorce judgment to start the process. Changing their name back is liberating and another opportunity to distance themselves from their former husband.

Legally, marriage itself does not change a woman’s name; however, it is an entrenched custom in our society that women assume the name of their husbands once they become married. After you are divorced, you can start using your maiden name without a court order. If this is something that you know you want to do then I advise my clients to request a “name confirmation” in the divorce judgment. Having this verified in a legal judgment will make it easier to change to your former name on your, social security card, driver’s license and with banking institutions.

And guys…… sorry, but you cannot legally force your ex-wife to stop using your last name. Yes, I get asked that too. Her last name is her decision. As always, I’m here to help. If you have additional question, you can contact me at marie@hillmanplc.com or call the office at (985) 302-0813.

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Traveling Internationally with Your Children

Fri, 02 Jun 2017 01:41:00 GMT

Are you traveling internationally with your child this summer? If so, here is some important information for divorced parents and any parent traveling internationally with a […] The post Traveling Internationally with Your Children appeared first on Hillman Law Firm.

Are you traveling internationally with your child this summer? If so, here is some important information for divorced parents and any parent traveling internationally with a child without the other parent.

One aspect of divorce that you may not have thought much about is traveling by yourself with the kids. It is not always easy, but if you are like me, traveling with your family is something you value so you have to find ways to make it work. I am very lucky to have a mother who is willing to go with us and other friends who are happy to travel with me and my crew as well.

If you are traveling out of the country with your child and without the other parent, you need to be aware of special requirements. Because of increasing instances of child abduction in custody cases and a growing number of children who are the victims of trafficking, an immigration officer, airline, or travel company may ask you to provide a letter of consent from the non-traveling parent if your child is traveling internationally with only one parent or a letter of consent from both parents if the child is traveling with someone else. Requirements of the letter are stated here: http://bit.ly/ParentalConsentPermissionLetter

Adults traveling with minor children should be aware that, while the U.S. does not require this documentation, many other countries do. Failure to produce notarized permission letters and/or birth certificates can result in travelers being refused entry and sent back to the United States.

Also, if you have a different last name than your child you should bring the child’s birth certificate showing that you are the child’s parent. If the other parent is deceased, a certificate of death should be brought as well.

I am giving this advice from experience. I am a divorced mother and enjoy traveling with my children. Several years ago, my mother and I brought my 15 year-old daughter to Belize. We arrived at New Orleans airport at 5 am to start our trip and were refused boarding passes, because I did not have a notarized letter from my daughter’s father allowing her to travel out of the country without him. Belize is very strict about this requirement, as child trafficking has become a problem in their country and around the world. We left and presented a notarized letter the following day at the airport and were then allowed to board the plane to Belize. When we arrived in Belize, we were asked by an agent to present the letter before entering. The Belize border agent even personally asked my daughter where her father was. Although I was a little frustrated at first, I absolutely respect these requirements and understand that they are for the safety of children everywhere.

Happy Summer Travels Friends! Be Prepared. As always, if you need assistance with a Parental Consent/Permission Letter, I’m here to help. You can contact me at marie@hillmanplc.com or call the office at (985) 302-0813.

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What would happen to your beloved pets if you died or were not able to care for them?

Wed, 10 May 2017 18:17:00 GMT

Have you ever considered what would happen to your beloved pets if you died or were not able to care for them? Many pet owners consider […] The post What would happen to your beloved pets if you died or were not able to care for them? appeared first on Hillman Law Firm.

Have you ever considered what would happen to your beloved pets if you died or were not able to care for them? Many pet owners consider their pets to be a part of their family and want to make sure their pets are left in the right hands with appropriate resources. In 2015, a new trust statue was passed that allows Louisiana residents to establish trusts with pets as the beneficiary. You can now leave money or other assets in trust to be used for the care of your pet and can designate who the caregiver of each pet should be.

Here are some of the basics of La. R.S. 9:2263:

This law provides a simple and alternative way for an individual to provide for the care of an animal. A pet trust can be funded with cash, other assets or even life insurance. I know many of you will be relieved and happy that Louisiana now provides this. Contact me if you have any questions or are ready to create your own will. marie@hillmanplc.com

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How long does it take to get a divorce in Louisiana?

Wed, 12 Apr 2017 22:43:00 GMT

In Louisiana, you can get a divorce based solely on time spent living apart. You do not have to show, prove or even allege fault of […] The post How long does it take to get a divorce in Louisiana? appeared first on Hillman Law Firm.

In Louisiana, you can get a divorce based solely on time spent living apart. You do not have to show, prove or even allege fault of either party to obtain a divorce. Once you have lived apart 180 days or 365 days if there are minor children of the marriage, you are entitled to request a divorce, which is known as a “no-fault” divorce. The other party does not have to give their permission for this to happen. If you have lived apart for the requisite amount of time, then you have legal cause to request that the divorce be granted.

Please note: If there are minor children and there has been a finding by the court of physical or sexual abuse against spouse or child of one of spouses OR a protective order has been issued against the other spouse to protect spouse seeking divorce or a child than the 180-day time period applies. If you want to allege fault or have entered into a covenant marriage, there are different procedures in place.

I have heard that there has been talk in Louisiana of eliminating the 365-day requirement and making the waiting period 180 days for all parties. I will keep you posted if time requirement is amended.

If you or someone you know is in need of legal advice, please contact me. I am here to advise and help.

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Legal Effects of Adultery in Louisiana

Fri, 31 Mar 2017 22:31:00 GMT

Adultery can destroy any relationship, and is one of the most devastating issues that my clients or anyone may be forced to deal with. When a […] The post Legal Effects of Adultery in Louisiana appeared first on Hillman Law Firm.

Adultery can destroy any relationship, and is one of the most devastating issues that my clients or anyone may be forced to deal with. When a client tells me that this is an issue for them, there are usually lots of questions about the legal ramifications of the infidelity. It is then, that I take a deep breath, and tell them that legally it just doesn’t really matter. Surprising to most, but just true. Regardless of how many people that person has slept with, they still own half of the community. Infidelity or other “bad” behaviors do not affect the amount of community property one is entitled to. Also, one is not entitled to more spousal support, child support, or custody rights even if they can prove their spouse had an affair.

Today in Louisiana, adultery actually plays a very minor role in a divorce. There are only a few ways that the issue comes in to play. One is if one of the spouses seeks final (not interim) spousal support. In order to receive final support, the requesting spouse needs to be “free from fault” in the breakup of the marriage. One way to prove fault is to prove adultery. Thus, adultery can prevent someone from seeking final spousal support. Another way in which adultery can affect your divorce is that it may allow you to be granted a divorce faster. There are waiting times in Louisiana for a divorce to be finalized; however, if you can prove that your spouse committed adultery, the courts allow you to bypass this requirement. I have never recommended that a client go this route as it is expensive, messy and public. The adultery has to be proven in open court and is not always as easy to prove as you might think.

I promise you, I completely understand the devastation and significance that adultery can have on one’s marriage, self-esteem, children and life, but its role in the divorce process is minimal.

Contact me with any of your divorce needs: marie@hillmanplc.com

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Who gets to claim the tax deduction for the children?

Tue, 07 Mar 2017 19:26:00 GMT

April is quickly approaching and that means – tax time – and here is the question I hear from many divorced people? “Who gets to claim […] The post Who gets to claim the tax deduction for the children? appeared first on Hillman Law Firm.

April is quickly approaching and that means – tax time – and here is the question I hear from many divorced people?

“Who gets to claim the tax deduction for the children?”

In Louisiana, the basic rule is that the custodial or domiciliary parent gets to claim the child or children’s tax deduction for both federal and state taxes. However, there are exceptions to this rule:

If the non-domiciliary parent pays over 50% of total child support obligation, he or she can request and be awarded this deduction if the judge finds that:

Consequently, this is an issue that should be addressed in a custody judgment so that the parties know what to expect. In cases where the parties have similar income, parties sometimes will alternate years or alternate the number of children. I have even seen judgments where both parties calculate what amount of benefit they would each receive and then one parent can “buy-out” the other if they would receive a greater benefit by making the claim. There are creative ways the parties can work this out.

Contact me with any of your divorce needs: marie@hillmanplc.com

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Does It Matter Who Files for Divorce First in Louisiana?

Thu, 02 Feb 2017 21:23:00 GMT

Many attorneys would tell you that there aren’t really any advantages to who files for divorce first; however, I think there are some advantages that should […] The post Does It Matter Who Files for Divorce First in Louisiana? appeared first on Hillman Law Firm.

Many attorneys would tell you that there aren’t really any advantages to who files for divorce first; however, I think there are some advantages that should be considered:

Hopefully, once the process is started, you and your spouse can amicably agree to solutions for some of your issues. If you think that there will be conflict regarding custody, support, use of the home or division or community, then the sooner you begin working with a lawyer the better prepared you will be navigating through your divorce.

If you are ready to talk to an attorney about your divorce, please contact me. marie@hillmanplc.com

The post Does It Matter Who Files for Divorce First in Louisiana? appeared first on Hillman Law Firm .

What is a Louisiana covenant marriage?

Wed, 18 Jan 2017 14:47:00 GMT

One of the first questions I have to ask when someone comes to me about a divorce is if they have entered into a Louisiana covenant […] The post What is a Louisiana covenant marriage? appeared first on Hillman Law Firm.

One of the first questions I have to ask when someone comes to me about a divorce is if they have entered into a Louisiana covenant marriage. Ninety percent of the time I get a strange look as very few people have even heard of this type of marriage – so here is a short explanation:

A covenant marriage is an additional type of marriage made available in Louisiana. In 1997, the Louisiana Legislature passed the nation’s first covenant marriage law in an attempt to lower divorce rates. The law describes a covenant marriage as a marriage entered into by one male and one female who understand and agree that the marriage between them is a lifelong relationship. The couple legally agrees to seek marital counseling if problems develop during the marriage; and legally bind themselves to only seek a divorce for the following:

The spouses have lived separate and apart for two years; or the spouses are judicially or legally separated and have lived separate and apart since the legal separation for (a) one year and six months if there is a minor child or children of the marriage; (b) one year if the separation was granted for abuse of a child of either spouse; or (c) one year in all other cases.

If you have never heard of a covenant marriage, then you probably do not have one, as it does require extra steps and forms before entering. It also makes the process of divorce a lot more difficult, time consuming and expensive.

You can read more about the law here at: Covenant Marriage , Louisiana Department of Health’s website.

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Relocating with Kids During or After Divorce in Louisiana

Tue, 10 Jan 2017 22:27:00 GMT

A question that I am often asked during the divorce process when children are involved is – “What if I want to move somewhere else?” or […] The post Relocating with Kids During or After Divorce in Louisiana appeared first on Hillman Law Firm.

A question that I am often asked during the divorce process when children are involved is – “What if I want to move somewhere else?” or “ Can he/she move away with the kids?” Be aware that this can become one of the most highly disputed and contested issues in a divorce case and that the other parent may fight relentlessly if a move is proposed.

Louisiana provides a clear definition of how far you can move without getting the courts involved or asking permission from the other parent. In Louisiana, if there is a child custody order in place, a relocation is defined as moving the child more than 75 miles away from the child’s existing primary residence or out of state. If there is no child custody order in place, relocation is defined as moving the child more than 75 miles from the other parent’s residence or out of state.

Only a parent who has sole custody, primary physical custody or equal physical custody can seek relocation with the children. Advance proper notification must be given to the other parent. After receiving notification, the non-moving parent has thirty days to object. If an objection is made, then the parent who wishes to move must seek approval from the court before moving. The parent requesting the move must show that the request is being made in “good faith” and that the move is in the children’s best interest. Many factors are considered such as the child’s age and maturity, specific needs of the child, nature of child’s relationship with both parents and siblings or extended family, impact on the child’s quality of life, ability to maintain relationship with the non-relocating parent and each parent’s specific reasons for seeking or opposing the relocation.

If you are facing this issue/situation, I highly recommend that you seek legal counsel. Moving without court approval can be very damaging to your case.

Contact me for more advice and to set up a consultation: marie@hillmanplc.com

The post Relocating with Kids During or After Divorce in Louisiana appeared first on Hillman Law Firm .

I hate divorce

Mon, 29 Feb 2016 15:46:00 GMT

This post is a little more personal than most, but here goes – I am a member of a Bible study. We are currently studying the […] The post I hate divorce appeared first on Hillman Law Firm.

This post is a little more personal than most, but here goes – I am a member of a Bible study. We are currently studying the gospel of Matthew. The amount I am learning about my faith inspires me. Learning and sharing with this group of ladies truly is my favorite time in my week. It brings me joy. I don’t miss. I am awake and aware and just soaking as much in as I can.

This week we got to Chapter 19 and Jesus’ teaching on divorce. I knew it was coming. Yuck – some tough stuff. I was nervous about delving into this subject because not only am I divorced, but I am a divorce lawyer. Divorce is what I do.

While discussing, we were guided to the book of Malachi. In Malachi 2:16 it reads: “‘I hate divorce,’ says the LORD God of Israel.” Those are very strong words that I had to let sink in. Then it hit me – I HATE DIVORCE TOO!!!! I am actually on same page with God here. I hate what divorce did to my own life and family. I HATE what it does to other people and their families. It is bomb in your life and nothing is ever, ever the same – and don’t get me started on how it effects kids, just too sad. Suffering abouds here.

The reality of our lives though is that divorce happens. I call it the three “A”s – Addiction, Adultery, Abuse. I HATE those things too, and they are rampant in our society and they destroy marriages, relationships and lives.

I am here to help those going through a divorce with strength, knowledge and compassion, however I just have to tell everyone: I am a divorce lawyer, and I hate divorce.

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Your divorce is NOT a DIY project

Mon, 18 Jan 2016 19:15:00 GMT

I will be the first person to jump into a conversation about do it yourself projects. I am a DIY queen. In the past 6 months […] The post Your divorce is NOT a DIY project appeared first on Hillman Law Firm.

I will be the first person to jump into a conversation about do it yourself projects. I am a DIY queen. In the past 6 months I have refinished three pieces of furniture, made ornaments for my tree and built my own outside fire pit. Pinterest and the internet are full of inspirational ideas and instructions.

I do however know that some things should NOT be done by oneself. I do not try to do plumbing or electrical work. I do not cut my own hair. (Did that as a young person and not good.) I do not make my own medical diagnosis (WebMd is scary.) I would also advise everyone NOT to do their own divorce – just don’t do it. We offer a flat fee option for those who want to bypass some drama and get a divorce efficiently and still protect their interests. This is a time when you need good advice about the procedure and its ramifications. I have had several clients who have come to me after they purchased and tried an online divorce kit. They sometimes bought the wrong kit, didn’t understand the wait times or proper timing of the filings; or worse, filed the wrong thing. Termination of the community is also a very important issue that needs to be discussed with an attorney.

I actually sat in court last week and watched as a woman pleaded before the judge crying for her divorce to be finalized but was denied because she had filed the paperwork incorrectly and in wrong time frame. It was so frustrating and sad and it did not have to be that way.

So ……..“Yes” to making your own Ugly Christmas Sweater and “NO” to doing your own divorce.

Call us.

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Separating? – Who gets to stay in the house??

Mon, 12 Oct 2015 16:34:00 GMT

This is one of the toughest issues couples can face when separating, and unfortunately it is one of the first issues that most be decided. If both parties […] The post Separating? – Who gets to stay in the house?? appeared first on Hillman Law Firm.

This is one of the toughest issues couples can face when separating, and unfortunately it is one of the first issues that most be decided. If both parties are insistent upon staying in the home, the situation can be very ugly and volatile in the weeks preceding an order from the court.

Below are the guidelines the court uses in determining who gets to stay. Please read and share in hopes to mitigate the anger and uncertainty and make best possible informed choices for families. Contact us for further assistance. We are here to help.

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Say what?? What is my divorce lawyer talking about? Definitions to a few common legal terms

Thu, 08 Oct 2015 21:02:00 GMT

Legal terminology can be confusing. Knowing the meaning of a few legal terms will make it easier to understand what is happening with your Louisiana divorce. […] The post Say what?? What is my divorce lawyer talking about? Definitions to a few common legal terms appeared first on Hillman Law Firm.

Legal terminology can be confusing. Knowing the meaning of a few legal terms will make it easier to understand what is happening with your Louisiana divorce. Here is a list of some of the legal terms you may encounter:

Common Legal Terms in Louisiana Divorce

ANSWER: a response to a petition, which can include statements agreeing with and/or disputing the statements made in the petition.

CLERK OF COURT: a court officer responsible for filing papers, issuing process, and keeping records of court proceedings as generally specified by rule or statute.

COMMON-LAW MARRIAGE: a marriage that takes legal effect without license or ceremony, when a couple lives together as husband and wife, intending to be married, and treats themselves as married in their dealings with other people. Louisiana does not recognize common-law marriage.

COMMUNITY PROPERTY: property owned in common by husband and wife as a result of its having been acquired during their marriage.

DEFAULT JUDGMENT: a judgment against a defendant who has not responded to a lawsuit.

DEFENDANT: a person who is sued.

FILING: giving the Clerk of Court the documents of your lawsuit and paying the appropriate fees.

GROUNDS FOR DIVORCE: the legal basis for a divorce. In Louisiana it is not necessary to ask for a divorce on specific grounds. A divorce can be granted solely on the basis that one of the parties no longer wishes to be married and have lived apart for the correct amount of time

JUDGMENT: a judge’s ruling

LIVING SEPARATE AND APART: the requirement for a divorce that you live physically separate. In both the Art. 102 and Art 103(1) divorces, you must live separate and apart for a required time.

MOTION: a request to the court for a specific ruling or order.

NOTARY PUBLIC: a person authorized by the state to administer oaths, certify documents, and attest to the authenticity of signatures.Often shortened to Notary.

ORDER: a written command, direction or instruction delivered by a court or judge.

PARTY: one of the people involved in a lawsuit. It can refer to either the petitioner‘s or plaintiff‘s side or the respondent‘s or defendant‘s side.

PETITION: a formal written request presented to a court to start a case.

PETITIONER: the party who presents the formal written request to the court to start a case also called the Plaintiff

PROPER PERSON OR PRO SE: representing yourself in court without an attorney.

RECONCILIATION: voluntarily getting back together with your spouse with the intent to stay together. One or two moments of intimacy without intent to stay together is not a reconciliation

SEPARATE AND APART: husband and wife living apart from each other, along with at least one spouse’s intention to dissolve the marriage.

SEPARATE PROPERTY: property that one spouse owned before the marriage, or acquired during the marriage by inheritance, or has designated as separate by agreement

SERVE: to make legal delivery of a notice or process. This is generally done by the a sheriff deputy

SUBPOENA: a form issued by the court requiring a party to appear in court.

VERIFICATION: a written statement made by a party in the presence of an authorized officer, such as a Notary Public, in which the party swears to the truth of the statements s/he is making,

WAIVER OF CITATION AND SERVICE: a document signed by the defendant spouse in front of a notary which says s/he agrees not to have to be served by the Sheriff with the divorce petition or rule. Signing a waiver does not mean that the person agrees with what is written in the petition or rule but that s/he has received the documents

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Getting married? Do you need a prenuptial agreement?

Mon, 17 Aug 2015 18:18:00 GMT

A matrimonial agreement, what is typically referred to as a prenuptial agreement or prenup, is a contract establishing a regime of separation of property or […] The post Getting married? Do you need a prenuptial agreement? appeared first on Hillman Law Firm.

A matrimonial agreement, what is typically referred to as a prenuptial agreement or prenup, is a contract establishing a regime of separation of property or modifying or terminating the legal regime. In Louisiana spouses are governed by the legal regime of community property, and if the couple divorces, their property is distributed accordingly. Couples in Louisiana can opt of the community property regime by signing a matrimonial agreement. The couple’s own agreement will then determine how assets are classified.

Not everyone really needs a prenuptial, however, those who are entering a second marriage should definitely consider one to be sure their children’s rights are protected and clear. Also, those who are involved in a family owned businesses or are marrying someone with significantly less wealth may consider a prenuptial agreement.

Spouses may enter into a prenuptial agreement regarding any issues that are not covered by law, but usually the agreement covers things such as:

– each spouse’s rights to property owned by each of them, and jointly as a couple

– what happens to the appreciation in value of separate assets

– how assets and debts are divided if the couple divorces or one spouse dies

– whether one spouse will pay the other alimony, and if so, the amount and duration

– whether a spouse must reimburse the other for certain amounts spent during the marriage

– how the spouses will pay expenses during the marriage, and

– whether the terms of the agreement take effect upon divorce, death, or some other event.

If you think that you may need a prenuptial agreement, contact us and set up a consultation. We will go over the law and your situation and come up with a plan. Please call several months ahead of the wedding date!! This is NOT something you want to be addressing in the weeks or days before your wedding!!

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Benefits of a flat fee for your divorce

Fri, 07 Aug 2015 19:01:00 GMT

At Hillman Law Firm we have implemented a flat fee model for our clients for filing their divorce. This is a different way of practicing law […] The post Benefits of a flat fee for your divorce appeared first on Hillman Law Firm.

At Hillman Law Firm we have implemented a flat fee model for our clients for filing their divorce. This is a different way of practicing law than the traditional retainer and billable hourly rate. We strongly believe that the flat fee structure is beneficial for our clients and enables us to focus on listening and assisting our clients in finding solutions to the issues they are facing.

As flat fee family law attorneys, we help keep you focused on your kids, your job, and the dispute, rather than on how much time you are being billed. Without the “meter running” clients are more willing to discuss details and ideas with us which can lead to a quicker resolution. Our clients are not afraid to call us. We want to build relationships with our clients while finding solutions. That is our goal.

Divorce is a very stressful and emotional event in a person’s life. Knowing how much the divorce is going to cost takes one stressor out and makes the transition time a little less frantic. Our clients hire us based on their individual needs, and do not worry about a big fat bill at the end.

Call us today to talk about how our flat fee plan can help you in your family law case. We want to help you.

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How long does child support continue in Louisiana?

Wed, 29 Jul 2015 17:05:00 GMT

Everyone assumes that child support obligations automatically terminate when a child turns 18 but that is not necessarily the case. LA R.S. 9:315.22 provides for […] The post How long does child support continue in Louisiana? appeared first on Hillman Law Firm.

Everyone assumes that child support obligations automatically terminate when a child turns 18 but that is not necessarily the case. LA R.S. 9:315.22 provides for child support to continue to age nineteen for a child who attains the age of majority (or has been emancipated) IF:

Under this exception, child support may continue to age nineteen or until the child graduates, whichever comes first.

There are also exceptions for children with disabilities:

An award of child support continues until age 22 for a child who has a developmental disability as long as the child is a full-time student in a secondary school. Developmental disability means a severe chronic disability of a person: that is attributable to mental retardation, cerebral palsy, epilepsy, autism, or any other condition found to be closely related to mental retardation: impairment of general intellectual functioning or adaptive behavior similar to that of mentally retarded persons.

A court may also place a child under continuing tutorship if the child possesses less than two-thirds of the average mental ability of a normal person of the same age. In such cases, the child does not attain the age of majority, so child support is continued until further order of the court.

Another issue that all must be aware of when a child ages out is how the total support for the children is awarded? When the child support obligation is set in a specific amount per child , the award for each child shall terminate automatically without any action by the obligor upon each child’s attaining the age of majority, or upon emancipation.

When the child support obligation is in globo for two or more children , the award s hall terminate automatically and without any action by the obligor when the youngest child for whose benefit the award was made attains the age of majority or is emancipated. In this case the support award remains the same until the youngest no longer qualifies or until further order of the court.

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Power of Attorney- Why EVERYONE should consider having one

Mon, 20 Jul 2015 17:49:00 GMT

Our lives rarely go as planned. This ONE document can make transitions during a crippling illness or accident much less daunting for everyone – IT is […] The post Power of Attorney- Why EVERYONE should consider having one appeared first on Hillman Law Firm.

Our lives rarely go as planned. This ONE document can make transitions during a crippling illness or accident much less daunting for everyone – IT is the Power of Attorney (POA)

In the event of a major life crisis – How will bills be paid?, What if assets need to be sold to pay for health care expenses, Claims made on insurance policies, Access to checking accounts and bank boxes, Medical decisions?… This list of issues that need to be addressed can go on and on and can be a nightmare if no one has proper authority.

Louisiana law allows you to give authority over your finances and or medical decisions to another person through a power of attorney. Be aware that the power of attorney can only be executed when the person has acceptable mental capacity, meaning he must be of sound mind. A power of attorney must be created before a persons become incapacitated. Once a person is no longer of sound mind, a power of attorney can not be created.

In Louisiana a power of attorney is “durable” in that is automatically continues in the event of the disability of the principal (person executing POA). In this general type of POA both the principal and the agent (person accepting POA) have authorities established.

Another option is to have a “springing” POA which can not be used until the disability of the principal. In this instance only the principle has authority to manage his affairs until disability occurs and at that point the agent takes over.

An agent’s authority automatically terminates at the death of the principal, but it can be revoked or changed at any time as long as the principal is alive and mentally competent.

There are many different options that can be put into the POA so it is important to make sure it is drafted specifically to address your wishes and needs. Don’t wait until it is too late to take care of this! I have one for my mama and you should too! Call us.

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Do I need a Louisiana will??

Wed, 08 Jul 2015 21:17:00 GMT

I get asked this a lot – in my office, at parties, funerals, walking the dog. It is something people are generally concerned about because they […] The post Do I need a Louisiana will?? appeared first on Hillman Law Firm.

I get asked this a lot – in my office, at parties, funerals, walking the dog. It is something people are generally concerned about because they want to do what is best and right for their loved ones. I get it. Not everyone needs a will but there are people who really should consider it and make sure it is done properly.

You should definitely consider having a will in Louisiana if:

Louisiana allows for two types of wills – the n otarial testament and the olographic testament, and it is vital that the testament meet ALL of the specific requirements to be considered valid. Even if it is clear that a person intended someone to receive specific property at their death, their testament will not be valid if it is not in proper Louisiana Last Will and Testament form. For this reason it is very risky to use generic wills that are found on the internet or at a bookstore.

Please call us to set up a consultation if you would like to find out more. We are here to help.

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In which parish do I file my Louisiana divorce?

Wed, 01 Jul 2015 19:50:00 GMT

A divorce action in Louisiana must be brought in either the parish where one of the parties is domiciled or the parish of the last matrimonial […] The post In which parish do I file my Louisiana divorce? appeared first on Hillman Law Firm.

A divorce action in Louisiana must be brought in either the parish where one of the parties is domiciled or the parish of the last matrimonial domicile (parish where you last lived together as husband and wife). The parish where you were married is not a proper venue for the divorce action unless one of the parties is presently domiciled there or if it is the parish of last matrimonial domicile.

A somewhat confusing concept is the difference between a person’s residence and their domicile. A person can have many residences around the state, or world for that matter, but a person has only one domicile. A person’s domicile is the parish wherein he has his principal establishment with a corresponding intent to remain. So basically – Domicile = residence + intent to remain.

If you are not sure where you should file your divorce – Call us. We serve all of St. Tammany and Washington Parishes. We will set up a consultation with you and help you decide how to get started.

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