Divorces By Mac

04/30/2025

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12/07/2024

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08/01/2024

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11/22/2023

Our office will be closed Thursday, November 23, 2023 and Friday, November 24, 2023 in observance of the Thanksgiving holidays. We will re-open Monday, November 27. 2023.

09/04/2021

Terrebonne Court will be closed until Sept 20th, 2021. Future closures to be determined at that time.

03/30/2020

DIVORCE: GROUNDS FOR DIVORCE IN LOUISIANA

Living Separate and Apart for the requisite amount of time required under the statute

Living separate and apart for 180 days in cases where there are no minor children of the marriage or 365 days where there are minor children of the marriage either before the filing of the petition or after the filing of the petition.

Special rules may apply when the parties have confected a covenant marriage or when there has been a finding of physical or sexual abuse.

The action can be defeated if the parties reconcile by resuming to live together with a mutual intent to resume the marriage.

Adultery

Adultery on the part of the opposite spouse is grounds for an immediate divorce; there is no required waiting period.
The burden of proof is on the party alleging the adultery and is very strict.
Corroborative testimony is required beyond a mere admission by the opposite spouse; it must be proven that the other spouse engaged in sexual relations with another person.

Conviction of a Felony

If the other spouse has committed a felony and has been sentenced to death or imprisonment at hard labor, a petition for immediate divorce can be filed.
The facts of conviction and sentencing are the only proof requirements; appeals and actual serving of the sentence are immaterial.

Declaration of Nullity

A marriage can be judicially declared null and void when the consent of one of the spouses was not freely given at the time of the marriage.

The right to ask for this declaration of nullity is lost if the complaining spouse subsequently “confirmed” the marriage.
The following marriages are absolutely null and are considered as having never occurred. These types of marriages are absolutely null, therefore there is no need for a judicial declaration.
The marriage was contracted without a ceremony.
Stand-ins were used (procuration).
It was a bigamous marriage.
It is precluded by a familial relationship.

Presumption of Death

If a spouse disappears under circumstances that make death seem certain, although the body has not been found, a proceeding can be filed to have the death recognized by law, thereby terminating the marriage.

If the spouse is on active duty in one of the United States’ armed forces and has been reported missing under circumstances causing the armed services to accept the presumption of death, a Louisiana court may make a declaration of death.

03/25/2020

What if parents can not agree on a custody arrangement?

Should the parents not compromise after a prompting from the court, then the court will fix the custody arrangement.

03/24/2020

www.divorcesbymac.com

Can parents make a custody arrangement without the court?

Yes, the court will often give preference to the arrangement the parents choose. The court does not have to adhere to or follow the recommendation of the parents if the court finds it is not in the best interest of the child to do so.

Attorney McAllister is located in Houma, Louisiana to provide divorce and family law services in Terrebonne and Lafourche parishes.

03/23/2020

PSA: Feel free to repost.

What does custody mean and what is a custody order?

Custody is the protective care or guardianship a person has over their children. Custody can be broken into two categories:

i) Physical Custody -- time with the child is divided between the parents to promote shared care of the child and to see that the child has frequent and ongoing contact with both parents;

ii) Legal Custody -- the right or authority of a parent or parents to make decisions about the child's upbringing. Typically, both parents retain legal custody (joint custody). Legal custody involves shared responsibilities for the child, including decisions about education, medical care, discipline, religion and other issues involved in raising the child.

JCIP- Joint Custody Implementation Plan, i.e., Custody Order -- Issued by the court, a custody order sets the terms and conditions of a child's custody.

If you have any questions regarding custody, I am currently taking telephone consultations and waiving the consult fee during the Shut Down. 985-872-2884

05/05/2018

Questions about divorce, custody, child or spousal support?
Checkout DivorcesbyMac.com or call (985) 872-2884.

Simple Divorces $750*

*does not include filing fees.
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