Resources & Frequently Asked Questions

Under the Louisiana Civil Code, property acquired during the legal matrimonial regime is presumed to be community property unless proven otherwise. Separate property includes assets owned prior to the marriage, property acquired by inheritance or donation made to one spouse individually, and damages awarded to one spouse for personal injury.

When separate funds are commingled with community bank accounts or used to improve community real estate, establishing ownership requires documented forensic tracing and statutory reimbursement claims under La. C.C. art. 2364–2367.

A QDRO is a special judicial decree that directs a retirement plan administrator to pay all or a portion of an employee's retirement benefits to an "alternate payee" (former spouse). Because retirement assets are governed by strict federal ERISA regulations and the Internal Revenue Code, a regular divorce judgment is not legally sufficient to divide a 401(k), pension, or 403(b).

Without a properly drafted and approved QDRO, transferring retirement assets can trigger immediate income taxes and a 10% early withdrawal penalty. Helen Popich Harris drafts and oversees QDROs to ensure compliant, tax-free rollover into the recipient spouse's IRA.

In high-net-worth divorces involving operating businesses, LLCs, medical practices, or energy sector firms, determining the fair market value of the entity is essential. Louisiana jurisprudence recognizes a vital distinction between enterprise goodwill (which is divisible community property) and personal goodwill (which attaches strictly to the individual practitioner and is excluded from partition).

We collaborate with experienced forensic accountants and certified business valuation appraisers to analyze balance sheets, normalized earnings, EBITDA, and shareholder agreements to ensure an equitable resolution.

Article 102 Divorce: A petition is filed before the spouses have lived separate and apart for the required statutory period. After service of the petition, the parties must live separate and apart without reconciliation for either 180 days (if no minor children) or 365 days (if minor children exist) before filing a rule to show cause for final decree.

Article 103 Divorce: A petition is filed after the spouses have already lived separate and apart continuously for the required 180 or 365 days. Alternatively, an immediate Article 103 divorce may be sought on fault grounds such as adultery or conviction of a felony with hard labor.

Louisiana provides two distinct types of spousal support:

• Interim Spousal Support: Awarded to maintain the status quo during divorce proceedings, based upon the claimant's need, the other spouse's ability to pay, and the standard of living established during the marriage.
• Final Periodic Spousal Support: Awarded post-divorce only if the claimant spouse proves freedom from fault under Louisiana law, demonstrates ongoing financial need, and the other party has the means to pay. The award cannot exceed one-third of the obligor's net income, subject to specific statutory factors.

To provide the highest level of specialized legal representation, Helen Popich Harris dedicates her solo practice exclusively to complex financial, property partition, business asset, and support matters. By maintaining this focused scope, our firm delivers thorough, detailed forensic representation without the distraction of contested custody litigation.

If custody matters are amicable or uncontested incidental to your divorce, or if you need statutory child support calculations, our office handles those aspects completely.

To make your initial consultation as productive as possible, we recommend gathering the following documents if accessible:

• Marriage certificate and any prenuptial or matrimonial regime contracts.
• Recent federal and state income tax returns (personal and corporate) for the last three years.
• Statements for all bank, brokerage, investment, and retirement accounts (401k, IRA, pensions).
• Real estate deeds, property tax assessments, and mortgage statements.
• Entity operating agreements or shareholder documents for any closely-held businesses.
• Any court pleadings or correspondence already served in the matter.