Category Archives: Family Law

A legal separation is a court action involving the physical and financial separation of married couples. Separation differs from divorce in that it does not end a marriage.  A Louisiana separation attorney can help protect your best interests by ensuring your separation is fair and meets court requirements. Get help for the complex legal process of your separation by reaching out for a free case consultation today.

Louisiana Legal Separation Process

A separation agreement is a legally binding document signed by both spouses. A legal separation involves such matters as the division of assets and addresses issues of child custody.

Because a separation does not end a marriage, spouses may not remarry until they file for divorce and the divorce is final. Separation gives each a break from the marriage and time to decide if a divorce is what they want.

Some couples choose separation because of religious reasons. A divorce is sometimes not an option due to their faith — a separation allows them to live apart but maintain certain benefits of a marriage, like taxes or health care coverage.

Louisiana marriage licenses have an option for a covenant marriage. This option is rare, with only three states: Arizona, Arkansas, and Louisiana. If you’re in a covenant marriage and wish to legally separate, a family law attorney can help you better understand how the process works.

Stephenson, Chavarri, & Dawson, LLC are deeply committed to helping clients through a legal separation. Whether your marriage is its 20th year or second year, we can ensure your separation follows state law requirements.

Understanding Louisiana Covenant Marriage

Couples who marry in Louisiana can choose to enter a  covenant marriage. An agreement between two parties to enter such an agreement includes a Declaration of Intent.

The Declaration of Intent involves the following terms:

• An agreement to live as husband and wife forever
• The couple has carefully chosen one another and shared personal information that may affect the marriage.
• An agreement to make all reasonable efforts to save their marriage, including marital counseling
• The couple must receive premarital counseling from a priest, minister, marriage counselor, or similar party.

The next step upon completion of the premarital counseling is the Affidavit and Attestation document. Couples entering into a covenant marriage must complete the following information on a notarized affidavit:

• The serious implications of covenant marriage
• Acknowledge that marriage is a life-long commitment
• An obligation to seek counseling if troubles arise within the marriage
• That they received the Covenant Marriage Act pamphlet published by the Attorney General

The legality of a covenant marriage is a serious matter, making it imperative that you comply with state requirements regarding separation. At Stephenson, Chavarri & Dawson, LLC, our team understands covenant marriage and how it applies to Louisiana law. Let us get to work for you by contacting us today for a free case consultation.

Legal Separation in a Covenant Marriage

When one party seeks to separate from their spouse in a covenant marriage, they must seek counseling. Additionally, the spouse must prove:

• Habitual intemperance, such as drug or alcohol abuse, cruel treatment, or severe ill-treatment by the other spouse
• Adultery by the other spouse
• Commission of a felony by the other spouse and an extensive prison sentence
• Physical or sexual abuse to either the spouse seeking the separation or a child of either spouse
• The couple currently lives apart and has done so for two years.

Legal separation from a spouse under covenant marriage law is a complex process. Separating from a spouse is an emotional and stressful time. It is not the time to tackle Louisiana marriage law on your own. How you protect your best interests now can impact your future, should your marriage end in divorce.

To legally separate, you must provide proof and not mere accusations of the offenses listed above. Gathering such information can take time, and the process is best started as soon as you decide to separate.

Documentation of your counseling is easy to overlook as you focus on proving your spouse’s wrongdoing. However, an essential part of the overall requirements, proof of your counseling, is something you must present to the court for your separation.

Get Help From Stephenson, Chavarri, & Dawson Today

A separation is a serious and emotional process for Louisiana couples. While the legal process does not end your marriage, it does divide what was built together.

We understand the uncertainty you feel at Stephenson, Chavarri, & Dawson LLC as you face this life-changing event. In addition to your separation, you must continue with your daily tasks, such as work, school, and other obligations.

Just as your marriage was a legal act, so it is a separation from your spouse. As a result, significant decisions involving finances and your children occur and can leave you feeling overwhelmed.

Hiring a family law and Louisiana divorce attorney with experience is crucial for the best outcome possible. The team at Stephenson, Chavarri, & Dawson, LLC works hard on behalf of clients who face a separation.

Regardless of whether your case involves a covenant marriage, contacting our team can ease your mind. Reach out today for a free case consultation. The sooner we talk, the faster we can get to work on your behalf.

No one enters marriage expecting it to one day lead to separation and possible divorce. However, if you find yourself at a crossroads in life, let us help you through the legal process of separating assets and issues involving child custody.

Scheduling a free case consultation is easy, simply contact us online or call 504-523-6496 today. We proudly serve New Orleans and the surrounding region. French and Spanish-speaking clients are welcome.

Take your first step toward protecting what you deserve by contacting Stephenson, Chavarri, & Dawson, LLC as soon as possible. Our caring and compassionate team stands ready to assist you through this challenging time.

Getting a divorce is an already overwhelming process. When you throw taxes into the mix, it can cause everyone to experience a significant amount of uncertainty and stress. This is because many couples going through a divorce are not only struggling to figure out whether they are still supposed to file taxes together after they decide to divorce, but they often have no idea what tax write-offs they are able to pursue when filing these taxes.

That is why in this blog post, we will go over these various issues dealing with taxes and divorce in hopes of clearing up some of the confusion that is often involved with this topic. 

The Filing Status After Divorce

Typically, the marital status you indicate on your taxes will be determined at the end of the year. This means that if you are divorced by midnight on December 31 of the tax year, you will need to file separately from your former spouse. What’s more, if you are the custodial parent of your child, you may qualify for the favorable head of household status. However, if you are not, you may have to file as a single taxpayer even if you were married for part of the tax year. 

Deductions and Alimony — Is Alimony Still Tax Deductible? 

Since 1942, those individuals who paid alimony had been able to deduct alimony payments from their income, resulting in some tax savings. However, today, these laws are long gone. According to recent federal tax changes, alimony payments will no longer be deductible and will not count as income to the spouse that receives the alimony. This new rule applies to anyone that has been divorced beginning on January 1, 2019, or later. 

These updated regulations were implemented because lawmakers claimed that alimony deductions allowed divorced couples to get a better tax result than married couples. However, the loss of these tax savings from this deduction will likely end up causing lower alimony awards because there will be less income or money in play. 

Child Support Deductions — Is It Possible?

In general, the answer to this question is no. Since married couples cannot deduct the money they spend on their children, divorced couples also cannot deduct the money they spend on child support. 

Handling a Sale of the Home

For many couples, divorce means that they will need to separate their home into two households. Consequently, divorcing couples may decide to sell their home to start fresh, or when they cannot agree on who should keep the house.

However, if the ex-spouses sell their home for a profit, it can have significant implications on their taxes, as they now may owe capital gain taxes on their portion of the profit. This can become even more complex when the couple starts to factor in how long they owed the home and how much it was worth when they first bought it. As a result, it is essential to speak with an experienced divorce attorney during this process to ensure that your taxes are prepared correctly, and all the laws are taken into account.

Retirement Account Issues

Another significant issue that arises in divorce settlements is what happens to retirement accounts. For many couples that decide to divorce, they must divide the retirement benefits when their marriage ends. For instance, one spouse may be entitled to a share of the other’s workplace pension. However, since companies do not always pay this pension money immediately, couples may have to wait to get their respective shares. 

One way the court solves this problem is by issuing a domestic relations order or a qualified domestic relations order, also known as the QDRO. This order is a written set of instructions that are given to a plan administrator. These instructions refer to the terms and the conditions of how the two parties are dividing the pension benefits. The instructions will also lay out details like how much of the benefits need to be paid to each party, how the benefits will be paid to each party, and when the benefits should be paid. 

Legal Fee Deductions

Finally, one of the last deductions most ex-spouses want to know about is whether they can deduct the legal fees they had to pay to end their marriage. Unfortunately, the answer to this question is often no. In most cases, legal fees are not tax-deductible. 

In the past, couples may have been able to deduct legal fees they paid for regarding the tax advice they received in connection with getting a divorce or alimony, but the recent tax reform rules have changed things. That is why to verify what deductions you can take, you should speak to a skilled divorce attorney who can help you figure out what you can and cannot deduct. 

Filing Taxes After a Divorce? Get the Legal Help You Need

Nothing can stop the confusion and the pain that follows the ending of a marriage. However, when it comes to ensuring that filing taxes after a divorce is as stress-free as possible, then working with an experienced divorce attorney can be the answer you need. Especially since our country’s tax laws are constantly changing, making an already complicated process even that much more difficult. Fortunately, with these attorneys on your side, they can not only provide you the support you require during this challenging time, but they can help you get the tax benefits and advantages you need. 

For these reasons, do not wait to seek the legal help you need when going through a divorce. Instead, reach out to the law firm of Stephenson, Chávarri & Dawson, L.L.C. or call our office at 504-523-6496 to speak to one of our experienced divorce attorneys about your case. Our lawyers can go over all the questions you have and ensure you understand not only the specific issues regarding your situation but also how to file your taxes correctly.