Lafayette Divorce Attorney
When a marriage begins to unravel, leading to divorce, the legal matters are just as emotional as they are complex. At this point, a qualified Lafayette divorce lawyer can serve as a leader to help guide you throughout the entire process and onto the other side. By better understanding the different roles and responsibilities of a divorce attorney in Lafayette, those facing divorce can feel more equipped to seek the much-needed legal resources.
Eric S. Neumann, Attorney at Law, has over 25 years of experience in helping clients with divorce cases. He understands the legal and emotional difficulties of divorce and can provide you with compassionate representation during this stressful time in your life.
The Multifaceted Role of a Lafayette Divorce Lawyer
Despite what some may think, skilled family lawyers are more than just professionals who represent clients in court. Their support is more comprehensive, offering unique and credible advice at each stage of the divorce process. Some of the key roles they play include:
- Legal strategist: The most well-known offering from a divorce lawyer is their understanding of the law. They will approach your case by understanding what makes it unique and taking into account Louisiana’s specific divorce statutes. With a proper legal foundation, everything from initial filings to complex trials and hearings can go as smoothly as possible.
- Financial analyst: Divorces require a division of different assets and liabilities. Divorce lawyers are familiar with these instances and their requirements, and they will oversee the process to ensure a fair distribution. They will scrutinize all financial statements, valuate property, and help keep a long list of assets organized.
- Negotiator: Several divorce decisions rest on the power of negotiation. Whether you are discussing child custody arrangements, child support, or spousal support, an attorney will step in to better understand each individual’s position and facilitate conversation to lead everyone to a decision that appears as fair as possible.
Their client’s interest will be of top priority, but negotiation will also be balanced, with an attempt to avoid unnecessary delays or going to trial if possible.
- Child advocate: When a divorce case involves children, a lawyer will also serve as an advocate for their interests. This involves working to ensure that any custody agreements prioritize the health and well-being of the child and minimize as much disruption to their life as possible. Lawyers will make sure that your parental rights are not violated but also ensure there are no negative implications to any child’s welfare.
- Protector against domestic violence or substance abuse by a parent: A divorce lawyer will step in to protect any client who comes into their office with domestic violence allegations or allegations that a parent is abusing drugs or alcohol. While this is an accusation that will have to be proven in court with sound evidence, they can lead the process of filing for a restraining order and obtain temporary orders to keep you safe until a decision is reached.
If there are children involved, they will urgently file a motion to with the court for a temporary alternative custody arrangement given the concerning nature of the charges. If the individual is found guilty of domestic violence or found to be abusing drugs or alcohol, an attorney will help to finalize the custody arrangement.
What Is a Conflict of Interest in a Divorce?
When a professional obligation or personal interest competes with the interest of a prospective client, it can be classified as a conflict of interest. This makes it challenging and potentially unlawful for the lawyer to represent the specific client. Within the context of divorce cases, here are some of the most prominent examples of situations where a conflict of interest could exist:
- Prior representation: If an attorney realizes that they have represented the opposing counsel’s client before in either a personal or professional capacity, it could complicate matters. For instance, it might make the attorney uncomfortable to represent one client in a divorce if, years prior, they helped the other client draft a prenuptial agreement or separate from a different marriage.
- Mutual representation: A lawyer is not able to represent both clients in a divorce. While they will negotiate with opposing counsel to reach a mutual consensus on any pending decisions, it would not make sense for the same lawyer to try to achieve both clients’ objectives when they are likely in contrast to each other.
- Personal involvement: Once an attorney realizes they have had a personal relationship with the other spouse involved, such as a romantic relationship or partner in business, they should remove themselves from the case. This can compromise their ability to remain neutral, and it could pose a risk to their client if the opposing counsel tries to leverage the personal connection to dismiss specific evidence or make a call for a mistrial.
- Confidential information: If an attorney is introduced to other stakeholders in the case and realizes that they have insight into confidential information pertaining to someone in another setting, this can be grounds for a conflict of interest. This is especially true if the details of the confidential information could be used to take advantage of the case by having unfair access to privileged information.
What Matters Need to Be Addressed in a Divorce?
While the topics spouses will negotiate will be dictated by the needs of each individual divorce, common matters to address include:
- Children: A child’s well-being will be the center of any divorce case. Custody arrangements, visitation schedules, child support, education, and healthcare decisions will need to be decided upon in a divorce agreement in Lafayette .
- Assets and finances: The couple’s property, investments, savings, and even outstanding debt will all be listed and then divided up into equal shares under the state’s community property laws.
- Living arrangements: Deciding where everyone will live post-divorce can be a contentious topic. Spouses may fight for the marital home during divorce proceedings. What’s more, a physical custody order will determine when the children live with which spouse.
Contact a Lafayette Divorce Attorney Today
If you are facing divorce and need to discuss your concerns and objectives, contact Eric S. Neumann, Attorney at Law today. Regardless of whether your divorce is contested or uncontested, we can do everything possible to expedite the process and minimize unnecessary disruption to your life.