Tag Archives: marriage

What is a QDRO and Why Would I Need One?

If your spouse had a retirement account during your marriage, you may be entitled to a portion of it if the two of you have a community property regime.  There are two steps to cashing out your marital portion of a retirement account.  First, there’s a community property partition, followed by a QDRO (pronounced quad-row) procedure.

How do you know if you have a Community Property Regime?

In Louisiana, all married persons start out in what’s called the community of acquets and gains, or community property for short.  Community property is all of the assets and debts you and your spouse acquire during the course of your marriage.  If you and your spouse want to hold certain property or debt separately, then you have to specifically contract to do that, through a pre-marital agreement or a declaration of paraphernality/separation of property agreement.  If you and your spouse have never signed any document that would make certain property or all property acquired during the marriage separate property, then you have a community property regime.

What Happens to Community Property Once Spouses Divorce?

Divorce ends the community property regime.  However, each spouse retains an ownership interest in the community property.  The way that ownership interest is determined and divided is a legal proceeding called a community property partition.  In this process all of the assets and debts of the couple are listed out, and values assigned.  The parties, either by agreement or with the help of the court, are given ownership and responsibility for all of the assets and debts, in as fair a manner as possible.

What Happens After the Partition of Community Property?

The court will issue a judgment of partition, stating each spouse’s rights and obligations to all of the assets and liabilities of the community.  The community regime is over for the items of property and debt that have been divided.

Where Does the QDRO Process Come In?

Once a spouse has been determined to have an interest in a retirement account of the other spouse, the QDRO procedure is begun to eventually direct the holder of the retirement plan to send payments from the account to the appropriate spouse.  This is done through a Qualified Domestic Relations Order, or QDRO.  Each company has its own set of procedures for processing requests for distributions from employee retirement accounts, and that procedure results in the court granting an order, which is approved, or qualified, by the company.  Once the QDRO is approved, the company will accept the order and begin their internal process to distribute the funds.

Can Meneray Family Law, L.L.C. Handle my Community Property Partition and QDRO Proceedings?

Absolutely.  An unsettled community is a very uncomfortable thing for my clients.  They feel that they have this unfinished business, those loose ends of their marriage that they want to deal with.  And in the case of a QDRO, many clients worry about getting their portion of a retirement account and want to make certain that process is completed as soon as possible.  Call Liz today at (504) 330-5522 or send her an e-mail at liz@menerayfamilylaw, to make an appointment.

Holding it Together

Our Civil Code is very big on family.  And even though it was first written over 200 years ago, a basic principle of our family law is that children benefit from the care of both parents.  The law requires that parents make an effort to foster good relations between themselves and their children.  Parents are required to take care of their kids, and, incidentally, children have a duty to take care of their parents.

Somehow, though, when the subject of visitation comes up, there always seems to be an excuse as to why the other parent should not see their children:

“I’ve never gotten a dime in child support!”  

“He/she doesn’t deserve to see his/her kids!”

“We always argue when we see each other, and it’s better if he/she just stays away.”

I find that a lot of parents are mistaken on issues of custody law.  A parent with physical or domiciliary custody over his or her children does not have the right to put up barriers that keep children from knowing both parents.  It doesn’t matter if one parent has been negligent in paying support or if you still have your differences since breaking up.  The law wants you to work things out for the benefit of your children, and the law will help to facilitate the mending of broken family ties.

The child support question and “earning” the right to see a child

Does a parent have to pay child support?  Absolutely.  Does a parent’s failure to pay child support affect his or her right to visitation?  Not at all.  These are two entirely different matters in the eyes of the law.  Although frustrating to have a parent withhold support, the law provides a process by which child support can be collected by the State, so as far as it’s concerned that issue is being taken care of.  In the meantime, the law still requires parents to facilitate a relationship between children and both of their parents.  In other words, failure to pay support is not an excuse to remove visitation privileges.

Parental conflict as a barrier to parenting

Obviously if a parent is talking to me instead of the person he or she had a child with, there’s a conflict problem.  I certainly try to minimize conflict between parents when I can, and emphasize the importance of clear communication when dealing with the children they have in common.  The reason I do that is the law requires parents to not only communicate, but takes into account the extent to which a parent is willing to reach across the divide and keep the relationship between the child and the other parent alive.

Now, please understand that I am not talking about domestic violence here.  If you are in a situation where you or your children are in danger of harm because of violent behavior between you and the other parent, allow the court to resolve the issues involved.  You may need a protective order to help keep the peace, and supervised visits may be ordered to protect the children if the court feels it is necessary.  The court may also want to order counseling for you and the children to help the family cope with and prevent family violence.

You need a caring, trusting advisor in child custody and visitation cases

No matter what the underlying problem is, the two of you have a child together, and until that child is grown you will both have to make concessions in the best interest of that child.  That’s hard advice to swallow, but with a caring, trusted advisor on your side you can make the tough decisions the law requires you to make.

Meneray Family Law does nothing but work with family members to resolve these and other important family law matters.  Call Liz Meneray for a consultation today at (504) 330-5522 or e-mail her at liz@menerayfamilylaw.com.

And enjoy your kids, they grow up so fast!

“Is There Such a Thing as an ‘Uncontested Divorce’?”

People ask me this all the time, making a playful joke about using the word “uncontested” in a context that is generally rife with “contest.”   Although divorces are rarely without their tension, Louisiana law does afford spouses an opportunity to obtain an “uncontested divorce” in certain limited circumstances.  Uncontested means that the parties basically have agreed to disagree and move on with their lives.  They don’t have many issues at stake; they just want to go to court, and get their marriage dissolved as quickly and inexpensively as possible.   

How quick is quick?  Generally, once the paperwork is filed a divorce can be granted within ten to fifteen days.  One way to speed things up is to have your spouse sign a Waiver of Service and Citation.  This document tells the court that your spouse is aware of the divorce (because they will have been provided with a certified copy of the Petition) and does not wish to draw things out by making a sheriff serve them with paperwork.  If they don’t want to fight the divorce, there’s nothing more they need to do.  So long as no opposition is filed, the court will grant a final judgment of divorce rather quickly.  There are some statutory time periods that have to pass between the filing of the petition and the granting of the divorce, but they are short, and a judgment is rendered as soon as it’s clear your spouse will not be contesting the matter.

How inexpensive is inexpensive?  My fee for this type of divorce is a flat rate of $399.00, plus applicable court costs.  These cases don’t usually require much paperwork, and so little of my time is needed to get the divorce accomplished.  Therefore, I don’t think it’s fair to charge you more than that.  The clerks of court, however, have a different way of calculating what they charge, and each parish has its own fee structure.   You are welcome to consult with me about the charges in the parish where you live.

If you want to learn whether your divorce can be filed under this uncontested procedure for the low rate of $399 plus court costs, call Meneray Family Law today at (504) 330-5522.