This is probably one of the most pressing questions you have right now if you are going through a divorce in New Orleans or any other city in the state of Louisiana. You might be wondering who will get the house, the car, or any other valuable items you and your spouse purchased together during your marriage. The fact is, the answer to this question is going to vary based on the agreements you and your spouse have and what your current situation with your spouse is.
The first thing you want to be mindful of when divorcing in Louisiana are the state laws that come into effect. Because the state of Louisiana follows the community property law, it states that all assets are to be split down the middle, even debts. Now, you may be wondering how that makes sense and why you would be liable for your spouse’s debts once you are no longer together but that is a stipulation in the law. So, anything and everything you both have acquired together is expected to be split evenly, unless you reason to believe otherwise.
Many individuals would rather keep the assets they acquired in a marriage rather than divide them during divorce. If you are currently dealing with this, you need to speak with a divorce lawyer in Louisiana immediately.
What if I Don’t Want to Split My Assets Down the Middle?
While you are required to comply with state laws, there are ways around having to split all of your assets. The best way to learn how this can be accomplished is with the help of a New Orleans divorce attorney. Perhaps you weren’t aware of some of the debt your spouse racked up over the years or maybe they have moved away from you for the past few months leaving you to tend to your home and bills all on your own. This is definitely something you are going to want to bring to the judge’s attention as they may use it when determining how exactly things are going to be divided.
One of the benefits of having a divorce lawyer working for you in Louisiana is that they can convey your concerns to the judge and help alleviate having to split certain assets or debts.
What if I Have a Prenuptial Agreement?
Something else that will affect how your assets are going to be split in a divorce is whether you had a prenuptial agreement drawn up. These are generally used to protect your financial future and allow you to keep what belongs to you. Things can get a bit complicated when discussing the division of assets regardless of whether you have a prenuptial agreement so it is always advisable that you have a knowledgeable and well-versed New Orleans divorce attorney managing your case.
In any event, there are certain assets that are usually brought to the forefront to be split.
Below is a list of assets you may be required to divided when getting a divorce in Louisiana:
- Pension plans
- Real estate
- Brokerage accounts
If you are looking to gain a better understanding on how your own personal assets are going to be split, the best thing you can do is schedule a free consultation with a divorce lawyer in New Orleans. USAttorneys.com features only the best attorneys in the field of divorce law and can connect you with a professional now.