We help businesses and individuals navigate the complex process of obtaining work visas and green cards for employees.
We assist foreign investors with obtaining visas and green cards through investment in the United States.
We help U.S. citizens and permanent residents sponsor family members for immigration to the United States.
We assist individuals with the citizenship and naturalization process, including the preparation and filing of applications.
We represent individuals in deportation proceedings and assist them with seeking relief from removal.
We help individuals who have fled persecution in their home country seek asylum or refugee status in the United States.
We help individuals obtain Green Cards through family-based petitions, employment-based petitions, and other means such as asylum or special immigrant status.
Our firm assists clients in obtaining various types of nonimmigrant visas, including B-1/B-2, F-1, J-1, O-1, P-1, and R-1 visas.
We help clients obtain waivers of inadmissibility due to issues such as past criminal convictions, immigration violations, or certain medical conditions.
Our attorneys represent clients in appeals before the Board of Immigration Appeals, the Administrative Appeals Office, and federal courts.
Our firm provides guidance to employers on I-9 compliance, audits, and investigations, as well as defending against sanctions and penalties.
We assist clients in navigating the consular processing of visa applications, including preparing and submitting the necessary documentation.
We have many options for Estate Planning Clients.
New Locations and services.
Customers have questions, please call.
Let us sit down with you and look over your situation and future plans. Do you have questions about your current plan? Do you have an upcoming situation that needs a legal plan? With a consultation, we can get you on the right track.
Every business needs a sound marketing plan in order to survive. Starting from an understanding of your target market, we will develop a plan with easy to follow steps.
There will come a time when you need some additional help. In addition to long-term support, we can be available by email for extneded hours and weekends.
At WB Jones Law Office, we provide comprehensive immigration law services that help individuals and families navigate the complex US immigration system. Our experienced attorneys handle a wide range of immigration law matters including family-based petitions, employment-based visas, naturalization, and deportation defense. Our goal is to provide our clients with efficient and effective legal representation in order to achieve their immigration goals. Contact us today to schedule a consultation.
The following are immigration attorney flat-fee rates. The fee quoted is based on the typical case. A final fee cannot be quoted, however, until Sheri conducts a consultation. The attorney fees do not include government filing fees or associated costs. Please note that if your interview is conducted outside of the Baltimore-Metro area, there will be an additional cost associated with travel.
SERVICE: Green Card – For cases where Visa is immediately available and the I-485 can be filed simultaneously
TYPE OF CASE: Immediate Relative (Spouse/Parent/Child) & Brother/Sister
FEE – $4500
ATTORNEY ACTION:
SERVICE: Green Card – Consular Processing Abroad on approved I-130
TYPE OF CASE: Immediate Relative (Spouse/Parent/Child) & Brother/Sister
Fee – $2500
ATTORNEY ACTION:
SERVICE: Green Card – I-130 Visa Petition Only – where visa not immediately available
TYPE OF CASE: Relative (Spouse/Parent/Child) & Brother/Sister
Fee – $2500
ATTORNEY ACTION:
SERVICE: Green Card – I-130 Visa Petition Only – where visa not immediately available
TYPE OF CASE: Immediate Relative Spouse in Removal Proceedings (Husband/Wife)
Fee – $3000
ATTORNEY ACTION:
SERVICE: Green Card – (2 yr Conditional) – I-751 Joint Filing (ongoing marriage)
TYPE OF CASE: CR-1 Removal of Conditions (I-751)
Fee – $2750
ATTORNEY ACTION:
*Attendance at interview will be an additional charge of $500
SERVICE: Green Card – (2 yr Conditional) –I-751 Good Faith Waiver (abuse, divorce or death)
TYPE OF CASE: CR-1 Removal of Conditions (I-751)
Fee – $3500
ATTORNEY ACTION:
*Attendance at interview will be an additional charge of $500
SERVICE: Green Card –(K-1 Visa) Consular Processing
TYPE OF CASE: Fiancée Visa
Fee – $4500
ATTORNEY ACTION:
SERVICE: Green Card –(K-3 Visa) Consular Processing
TYPE OF CASE: Fiancée Visa (Minor Child of a K-1 Fiancée)
Fee – $4500
ATTORNEY ACTION:
SERVICE: Citizenship – Naturalization Application
TYPE OF CASE: N-400 Naturalization
Fee – $3000
ATTORNEY ACTION:
SERVICE: Citizenship – Application for Certificate of Citizenship
TYPE OF CASE: N-600
Fee – $2500
ATTORNEY ACTION:
*Attendance at interview will be an additional charge of $500.00
SERVICE: Waiver – I-601 Waiver filed during consular green card process
TYPE OF CASE: N-601 Waiver
Fee – $5000
ATTORNEY ACTION:
SERVICE: Waiver – I-601(a) Waiver filed during consular green card process
TYPE OF CASE: N-601(a) Waiver
Fee – $4000
ATTORNEY ACTION:
SERVICE: Waiver – I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal
TYPE OF CASE: N-212 Waiver
Fee – $4000
ATTORNEY ACTION:
SERVICE: Waiver – I-601 + I-212 Waiver filed during consular green
TYPE OF CASE: I-601 + I-212 Waiver (filed abroad)
Fee – $6500
ATTORNEY ACTION:
SERVICE: Waiver – J1 Waiver filed with DOS
TYPE OF CASE: J1 Waiver for Exchange Visitor
Fee – $2800
ATTORNEY ACTION:
*Additional $1,200 cost for extreme hardship basis
SERVICE: Waiver – I-212(d)(3) waiver and/or I-192
TYPE OF CASE: Nonimmigrant Waiver
Fee – $3500
ATTORNEY ACTION:
SERVICE: TN NAFTA Professional Visa
TYPE OF CASE: Nonimmigrant Visa for Canadian or Mexican Nationals Only
Fee – $2500
ATTORNEY ACTION:
SERVICE: Affirmative Asylum Application and/or Withholding of Removal
TYPE OF CASE: Form I-589
Fee – $6000
ATTORNEY ACTION:
SERVICE: U Nonimmigrant Status (U Visa) Petition
TYPE OF CASE: Form I-918 & Supplement B
Fee – $3500
ATTORNEY ACTION:
SERVICE: Violence Against Women Act (VAWA) Petition
TYPE OF CASE: Form I-360
Fee – $3000
ATTORNEY ACTION:
SERVICE: Refugee/Asylee Relative Petition for Relatives
TYPE OF CASE: Form I-730
Fee – $2300
ATTORNEY ACTION:
SERVICE: Defensive Asylum Application and/or Withholding of Removal and/or Relief under the Convention Against Torture (CAT)
TYPE OF CASE: Removal Proceedings (BALTIMORE & HYATTSVILLE IMMIGRATION COURTS ONLY)
Fee – $7500
ATTORNEY ACTION:
SERVICE: Voluntary Departure Application
TYPE OF CASE: Removal Proceedings (BALTIMORE & HYATTSVILLE IMMIGRATION COURTS ONLY)
Fee – $2250
ATTORNEY ACTION:
SERVICE: Cancellation of Removal
TYPE OF CASE: Removal Proceedings (BALTIMORE & HYATTSVILLE IMMIGRATION COURTS ONLY)
Fee – $6500 For LPR’s $7500 For Non-LPR’s
ATTORNEY ACTION:
SERVICE: Cancellation under the Violence Against Women Act (VAWA)
TYPE OF CASE: Removal Proceedings (BALTIMORE & HYATTSVILLE IMMIGRATION COURTS ONLY)
Fee – $6000
ATTORNEY ACTION:
SERVICE: NACARA Special Rule Cancellation Application
TYPE OF CASE: Removal Proceedings (BALTIMORE IMMIGRATION COURT ONLY)
Fee – $4500
ATTORNEY ACTION:
SERVICE: Adjustment of status under INA § 245, INA § 245(i), or INA § 249
TYPE OF CASE: Removal Proceedings (BALTIMORE IMMIGRATION COURT ONLY)
Fee – $6500
ATTORNEY ACTION:
SERVICE: Motion to Change Venue
TYPE OF CASE: Removal Proceedings
Fee – $1200
ATTORNEY ACTION:
SERVICE: Prosecutorial Discretion Request
TYPE OF CASE: Removal Proceedings
Fee – $2000
ATTORNEY ACTION:
SERVICE: Motion to Reopen or Motion to Reconsider
TYPE OF CASE: Motion filed with the deciding body, i.e. either the USCIS or Immigration Court
Fee – $6500
ATTORNEY ACTION:
Prepares & files Motion to Reopen or Reconsider with Supporting Documentation
*Does not include the fees for filing the appropriate relief application, Adjustment of Status Application or EAD Request.
SERVICE: Deferred Action for Childhood Arrival (DACA) Application
TYPE OF CASE: Form I-821D
Fee – $2000
ATTORNEY ACTION:
SERVICE: Work Authorization Request Only
TYPE OF CASE: Form I-765
Fee – $500
ATTORNEY ACTION:
SERVICE: Travel Document Only
TYPE OF CASE: Form I-131, for Advance Parole, Refugee Travel Document, or Re-Entry Permit
Fee – $500
ATTORNEY ACTION:
SERVICE: Appeal to the Board of Immigration Appeals (BIA)
TYPE OF CASE: Appeal of an Immigration Judge ‘s Order
Fee – $9000
ATTORNEY ACTION:
We are a full-service immigration law firm dedicated to helping individuals, families, and businesses navigate the complex US immigration system. Our experienced attorneys provide personalized and comprehensive legal services tailored to your unique needs. We handle a wide range of immigration matters, including family-based immigration, employment-based immigration, asylum, deportation defense, and citizenship applications. Our goal is to provide you with high-quality legal representation and compassionate support throughout the entire immigration process.
Our Law Firm’s Standard Legal Fees for Handling Immigration Cases
All Filing Fees are not included*
WB Jones Law Firm’s service-based fees are based on the work that the immigration case will generally require. In some cases, additional work may become applicable and may need to be performed upon advisement and agreement. A schedule of additional fees for U.S. immigration cases is listed further below on this page (these are legal fees and do not include any USCIS filing fees that may be applicable). For your convenience we offer payment plans and accept electronic checks and all major credit cards.
If and as may be applicable, if following your initial consultation, you thereafter enter into an official Attorney-Client Legal Services Agreement (and hence, an applicable Attorney-Client relationship) with the law firm of Matthews Law Firm, P.C. (within 5 calendar days of the initial consultation), under such circumstances, if you have already paid an initial consultation fee to our office, such amount may be duly applied, deducted from and/or credited back to your then applicable client account balance.
Type of Cases, Applications and Filings and Associated Attorney’s Fees / Legal Fees (*)
(*) as of May 2020 - please note prices are subject to modification at any time)
Fee Deferred Action for Young Immigrants (who entered the U.S. Under age 16): Deferred Action Process $1,900.00 Deferred Action Complex Process (prior criminal record, presence outside the U.S., etc.) $3,000.00
Family / Marriage Residency Petitions (Entire Process): Family / marriage residency petition (I-130) with adjustment of status (I-485) (if visa is immediately available) $4,500.00 Family / marriage residency petition (I-130) with adjustment of status (I-485), Complex (entails complications such as: improper taxes, prior allegations of marriage fraud, joint sponsorship (I-864), etc.) $6,000.00
Family / Marriage Residency Petitions (Part of the Process): Family / marriage residency petition (I-130), if no visa immediately available $2,300.00 Family / marriage adjustment of status, I-485 (needs to have approved I-130 and a current priority date) $4,000.00 Family / marriage consular processing (needs to have approved I-130 and a current priority date) $4,000.00
Removal of Conditions: Removal of Conditions on Residency (I-751) of spouse–joint petition $2,700.00 Removal of Conditions on Residency (I-751) of spouse–self petition$5,700.00 Removal of Conditions on Residency (I-751) for a Minor Child (done in conjunction with parent) $1,900.00
Advanced Parole or a “Travel Permit”: Advanced Parole or a “Travel Permit” (I-131) $2,100.00 (basic) $4,500.00 (complex)
Employment Residency Petition (Entire Process): LCA/PERM Petition-Petition for Alien Worker ($1,100.00 LCA and $3,250.00 initial I-140 preparation) $4,350.00I-140 Petition Filing (for alien worker) $3,000.00 Employment-based adjustment of status, I-485, done in conjunction with LCA/PERM and I-140 processing $3,000.00 EB-1 Petition $9,500.00
Employment Residency Petition (I-485 Only): Employment-based adjustment of status (I-485) done independently of the LCA/I-140 processing $4,000.00
Specific / Individual U.S. Visa Case Processing Types:
E Visa Petition: $9,500.00
L Visa Petition: $9,500.00
H-1B Visa Petition: $4,900.00
K-1 Visa Petition for Fiancees (I-129F): $2,800.00
U.S. Foreign (International) Consular Case Processing (DS-160) of K-1 Fiance Visa: $9,500.00
Consular Processing of K-2 Visa for children of K-1 Visa beneficiary: $4,900.00
K-3 Visa Petition for Spouses (I-130 & I-129F): $3,500.00
O Visa Petition: $9,500.00
TPS: $ 1,900.00
TN Visa Petition: $4,900.00
P Visa Petition: $9,500.00
J-1 Visa Waiver: $9,500.00
Visa Extension (Simple): $2,400.00
Visa Extension (Complex): $4,300.00
U Visa: $5,400.00
VAWA Green Card: $6,000.00
Visa Renewals: (H, E, O, etc. if our office processed the prior application): $3,500.00 (H) - $5,500.00 (E, O, etc.)
Asylum: Asylum Petition (affirmative–not in removal proceedings): $8,150.00 Asylum Petition (in removal proceedings) $9,500.00 Derivative Asylum Petition for family (form I-730) Standard $1,900.00 Derivative Asylum Petition for family (form I-730) Complex $4,500.00 Asylee’s Residency Petition (I-485) $2,800.00 Asylee’s Residency Petition (I-485) - Complex $4,500.00 Asylee’s Residency Petition (I-485) for derivative child $2,100.00 Asylee’s Residency Petition (I-485) for derivative child- Complex $3,000.00
Naturalization Processing:
Naturalization Process $2,400.00
Complex Naturalization Process (prior criminal charges, extended presence outside the U.S., etc.) $5,400.00
Appeal for Denial of Naturalization (N-336 Administrative Appeal) $5,400.00
U.S. Immigration Court / Deportation:
Appeal to the BIA (Board of Immigration Appeals) $9,500.00 – $15,000.00
Cancellation of Removal (10 year law) $9,500.00
Removal Proceeding or Deportation Representation $9,500.00
212(c) Relief $9,500.00
Adjustment of Status in Removal Proceedings $9,500.00
Motion to Terminate in removal proceedings $9,500.00
Motion to Reopen– immigration cases $5,400.00
I-601 Waiver in Removal Proceedings $9,500.00
Federal Court Litigation:
Writ of Mandamus $9,000.00
Naturalization Complaint $9,000.00
Writ of Habeas Corpus $9,000.00
Additional / Other Additional U.S. Immigration Legal Services:
Waiver of Inadmissibility (I-601) $5,400.00
Waiver of Inadmissibility (I-601A) $5,400.00
Waiver of Inadmissibility in removal proceedings $9,500.00
Waiver of Inadmissibility (I-601 A) with an I-130 Petition for Alien Relative $6,900.00
I-102 application for the replacement of I-94 card $1,900.00
I-90 application for the replacement or renewal of green card $1,900.00
FOIA Request and Evaluation Fee $2,100.00
Case Review / Re-Review (Initial Review or Second Opinion Evaluation Fee): $2,250.00 - $4,500.00
Visa derivatives for relatives (i.e. H-4, O-3, etc.) if filed with primary petitioner$1,900.00plus filing fees
Respond to an RFE (request for additional evidence) from the USCIS–Level 4 $1,975.00
Respond to an RFE (request for additional evidence) from the USCIS–Level 3 $1,250.00
Respond to an RFE (request for additional evidence) from the USCIS–Level 2 $790.00
Respond to an RFE (request for additional evidence) from the USCIS–Level 1 $395.00
Respond to a Notice of Intent of Deny $1,975.00 to $2,900.00
Additional Employment Authorization application $395.00 (plus filing fees)
Additional Application for permission to travel document/advanced parole $395.00 (plus filing fees)
Filing a Form AR-11 or EOIR-33, Notice of Change of Address with Government $150.00
Filing a request for a continuance of an appointment scheduled with the USCIS $395.00
Additional USCIS interview appearance $395.00
Additional appearance before the Immigration Court or DHS $395.00
Geographical charge for appearance outside of our area $750.00
Motion to Continue/ Advance (i.e. because of pending application) $395.00
Subsequent Motion to Continue/ Advance $190.00
Scheduling Infopass appointment (without appearance) $150.00
Scheduling and appearing at Infopass appointment $395.00
Biometrics rescheduling request $150.00
Gathering documents (from court, government agencies, prior attorneys) TBD* ($395 - $950)
FBI/ fingerprint processing $395.00 (plus filing fees)
Retrieving and analyzing criminal records $1,900.00
Translation of documents ($125.00 - $395.00 per page)
Whenever possible we try to foresee potential issues on a case and for this reason, it is extremely important to be completely open and detailed with the information you provide our office at your initial consultation, since any information that we learn later in the case can affect not only the cost of your case but also the strategy to be implemented. Sometimes clients are not completely aware of their immigration situation or of how past issues (i.e. a criminal / tax problem) may affect their case, and therefore may not provide us all the relevant information at the outset, for us to take it into consideration when providing an estimate of all the work involved in the case. In these situations, the intricacies of a case may start to reveal themselves as the case progresses and we will communicate to the client if there is a need for additional work and fees (see schedule of additional service fees). Please bear in mind that any additional fees required are due before we perform the additional work.
We believe that this service-based fee structure simplifies communication about pricing, allowing our clients to better estimate the cost of our representation on their case, as well as to understand in advance, what activities constitute additional work and require additional fees. If in the middle of a case you decide to change the type of petition you wish to file, the legal fees for the new type of petition will apply (we will have to do all the new work) and credit will be given for any unearned fees on your original case. An itemized bill will be prepared at our regular rate ($395.00 per hour) as stated in your Attorney-Client Legal Services Agreement, and this will be subtracted from the fee you paid. Please bear in mind that the application charges of the US Immigration Service (USCIS) and any other type of expense that our office incurs in your case, such as express mail, investigation expenses, job advertisements for employment-based immigration cases, parking, etc. are your responsibility and additional to our legal fees. For The U.S. Immigration Service filing fees see: https://www.uscis.gov/forms
All invoices are due upon receipt, and we reserve the right to withdraw our representation if our invoices are not paid on time. At the point of hire we request that you sign a contract and pay the service-based legal fee (or first installment if we have agreed on a payment plan) before we start working on your case.
Rush Services Surcharge: Work or petitions that need to be filed in less than 5 days from the day our firm is hired (the date contract is signed and fees are paid) may require a surcharge of $1,500.00 - $7,500.00 due to the urgent, expedited and last minute nature of any/all such additional works to be performed within such limited time frame.
We help individuals obtain Green Cards through family-based petitions, employment-based petitions, and other means such as asylum or special immigrant status.
Our firm assists clients in obtaining various types of nonimmigrant visas, including B-1/B-2, F-1, J-1, O-1, P-1, and R-1 visas.
We help clients obtain waivers of inadmissibility due to issues such as past criminal convictions, immigration violations, or certain medical conditions.
Our attorneys represent clients in appeals before the Board of Immigration Appeals, the Administrative Appeals Office, and federal courts.
Our firm provides guidance to employers on I-9 compliance, audits, and investigations, as well as defending against sanctions and penalties.
We assist clients in navigating the consular processing of visa applications, including preparing and submitting the necessary documentation.
Our team of professional and experienced attorneys are here to provide you with the best immigration legal services. We understand the importance of immigration issues and we are dedicated to helping you achieve your goals. Whether you are an individual or a business, we are here to help. Contact us today to schedule a consultation.
We provide assistance with appeals to the Board of Immigration Appeals (BIA) and the U.S. Court of Appeals.
We assist individuals and businesses with all types of visas and green cards, including employment, family, and investment-based.
We help eligible individuals obtain DACA status and renewals, providing them with the opportunity to work and study in the United States.
Family Law is very broad and complex area of the law. If not handled correctly it can take a huge financial and emotional cost to families.
Family Law
The area of family law deals with the legal issues of the family, in whatever form. All areas of family are complex and often interrelated. It is rare that one aspect of family law does not overlap with another.
Adoption is generally categorized as either contested or uncontested. Adoption is a primary vehicle serving the needs of homeless, neglected, abused and runaway children. As a result of the adoption process you become responsible for the financial, emotional, and physical care of your children.
Alimony is payments provided to an ex-spouse generally for the ex-spouse to maintain a certain standard of living that was established during the marriage. The amount of alimony paid is based upon a number of factors including the length of marriage, income and other community property issues.
Child custody issues are usually tied to legal separation or divorce proceedings. It is not uncommon for parents to share legal and physical custody (joint custody). In may circumstances however, the courts may be award one parent custody while the other parent is awarded visitation rights, as determined to be in the best interests of the child or children.
The non-custodial parent is ordered to provide financial payments to be used to the support of the child. These may payments continue until the child attains the age of 18.
Divorce and (dissolution of a civil union) are highly contentious matters that require competent legal counsel. Divorce issues generally include at a minimum at least one of the following: property settlement, alimony, child custody, child support, and name changes.
While you can change your name for any reason, name changes are typical after marriage, divorce, or adoption. There are circumstances when you can change your name without the assistance of a lawyer.
Louisiana Family Law List of Familiar Terms and Definitions:
Article 102 Divorce A divorce sought or granted based on living separate and apart as required by Louisiana Civil Code article 102. To get an article 102 divorce, after either spouse files a petition for divorce, the spouses have to live separate and apart for either 180 or 365 days if they have minor children. After the 180 or 365 days, either spouse can file a "Rule to Show Cause for 102 Divorce," and the Court will set a hearing. After the hearing, if the parties meet the requirements, the Court will grant a judgment of divorce.
Article 103 Divorce A divorce sought or granted based on the grounds listed in Louisiana Civil Code article 103. When no spouse is at fault, spouses can get an article 103(1) divorce if, at the time the petition for divorce is filed, they have already lived separate and apart for either 180 days or 365 days if they have minor children. Article 103 also allows for divorce based on the fault of a spouse
Temporary Restraining Order A temporary restraining order is an order issued by the Court that prohibits a party from doing a certain act. A temporary restraining order can be requested and granted without a hearing, in some circumstances.
Fault In the context of a divorce, fault means adultery, domestic violence, or having been sentenced to hard labor after being convicted of a felony criminal offense.
There are many differences between fault-based and no-fault divorces. Fault means the Court decides that one spouse's actions are the reason that the marriage did not work out. If you are considering filing a fault-based divorce, you should consult with an attorney. In general, the differences involve:
Incidental Matters In a divorce case, incidental matters are other issues that the Court can address in the divorce case. Incidental matters include "custody, visitation, or support of a minor child; support for a spouse; injunctive relief; use and occupancy of the family home or use of community movables or immovables; or use of personal property."
Rule to Show Cause A Rule to Show Cause is another name for a motion in a summary proceeding.
A rule to show cause is a kind of motion. A motion asks the Court to do something. The Court acts by entering an order. Before the Court will enter most types of orders, the Court will first have a hearing where both sides are allowed to present evidence and make arguments on their own behalf. Traditionally, the language used by lawyers asks the Court to order the other person to come and "show cause" why the Court should not enter the order requested by them.
Consent Judgment A Consent Judgment is when the Court approves an agreement made between parties to settle the pending issues. It has the same effect as any other judgment of the Court, but it also represents a compromise between the parties.
Considered Judgment A Considered Judgment is a judgment of the Court rendered after a hearing or trial. It is based on the Court's consideration of the evidence and the law that applies to the issues the Court was asked to decide.
Domicile Your domicile is the place where you live and consider your home. It is not a temporary place you live, but rather some place you intend to be your legal home.
Former Matrimonial Domicile The house where spouses lived together as married people, once spouses have physically separated, is the former matrimonial domicile.
Property Injunction A property injunction is another term for a temporary restraining order or a permanent restraining order that prohibits either spouse from alienating, encumbering, or disposing of community property during a divorce and until the property is partitioned.
Reconciliation is a defense to divorce. When used in divorce proceedings, the term reconciliation means to start living together again with the intent to remain married. A spouse must ask the Court to make a finding of fact to determine whether a reconciliation has occurred.
Matrimonial Regime A matrimonial regime is a system of rules that control the ownership and management of the property of married persons as between themselves and toward third persons. A matrimonial regime can be determined by the law, by a contract, or partly by the law and partly by a contract. In Louisiana, the legal regime is "the community of acquets and gains," more commonly called a community property regime. Unless spouses enter into a matrimonial contract, the legal regime applies to their marriage.
Property Partition (Partition of Property) A property partition is the process used to divide the former spouses' community and separate property between each spouse.
Community property is certain property acquired during the marriage that is classified as owned by both spouses together, or co-owned.
In general, property of married persons is either community or separate. Louisiana Civil Code article 2338 defines community property to include:
The legal regime exists during the marriage. The legal regime is terminated as of the date of a divorce, but the termination is retroactive to the filing date of the petition for divorce. The "effort, skill, or industry" of either spouse means any work, whether paid work for an employer, creative work like building, painting, or sewing things, or unpaid work.
Property acquired with community things means property gotten with money earned during the marriage or through the use of other community property. One example would be when spouses use a car purchased during the marriage as a trade-in to get a new car. Unless otherwise classified as separate property, a car purchased during the marriage with a trade-in that was one spouse's separate property would also be community property.
Any property jointly donated or gifted to both spouses during the marriage is classified as community property. If there is a written document that shows the donation, the Court will rely on that document to classify the property. If there is no written document, the Court will look to the circumstances of the donation or gift and the intent of the donor.
"Natural and civil fruits" are things produced by or derived from another thing without diminution of its substance. Natural fruits are "products of the earth or of animals." Civil fruits are "revenues derived from a thing by operation of law or by reason of a juridical act, such as rentals, interest, and certain corporate distributions."
Damages awarded for loss or injury of a thing belonging to the community usually describes money judgments or insurance proceeds received as a result of accident or destruction of property.
Each spouse owns an "undivided one-half interest" in community property. During the marriage and until the termination of the matrimonial regime, a spouse may not "alienate, encumber, or lease" their undivided interest in community property to a third person.
Separate property is certain property acquired by a person, usually outside of a marriage, that is classified as owned by one spouse. Some property acquired during a marriage can be separate property.
A spouse's separate property, by definition, belongs exclusively to that spouse. Separate property means that only one spouse has the full share in the property and assets which they own. All property the spouse got before marriage is separate.
Separate property also includes:
Matrimonial agreements (i.e. pre-nuptial agreements) allow for the renunciation, termination or modification of the community property rules as follows:
Gather your assets. Inventory everything you own, from cars to collectibles.
Protect your family. Think about if you have adequate life insurance to leave your family in a position where they could maintain the life you currently lead.
Determine the plan that’s best for you. Decide what type of Estate Plan you need.
Choose who you would like to be guardian of your children/pets/self. If you have children or pets, or if you care for another loved one who cannot care for themselves, you want to choose a guardian. You can also name the person you would want to make medical and/or financial decisions on your behalf should you ever become unable to do so for yourself.
Determine and establish the necessary directives. There are several directives you should include in your Estate Plan, including but not limited to:
Durable Power of Attorney
Medical care directive
Limited Power of Attorney – LPOAs are less commonly used (Durable POAs are more frequently the norm), though an LPOA can be appropriate in some instances.
Name your Beneficiaries. Some documents and accounts will have Beneficiaries already designated. These could include retirement plans and life insurance policies, to name a few. But there are other assets you should note in your Will or Trust if you’d like to leave them to a specific person. If there is an opportunity, you should name contingent Beneficiaries. Keep in mind that Beneficiary designations will only go into effect after you pass, so if you become incapacitated and unable to make decisions, you need to have prepared for more than simply naming Beneficiaries.
Find a trusted partner. Explore your options for creating your Estate Plan. This can be face-to-face with an attorney or you may choose to use another service provider. You have options, but some are going to be much more expensive than others. If you don’t have an overly-complicated estate, working with a partner like Trust & Will could be the perfect solution to starting on the path of Estate Planning.
Create your plan. If you’re using an online program to create your Estate Plan, be sure to go through all the steps and finalize everything.
Sign and notarize your Estate Plan. Don’t forget to check how many witnesses your state requires.
Notify your Executor. It’s a good idea to let the person you chose to be your Executor know of your intentions.
Store your Estate Planning documents. Put your Estate Plan in a safe place where your loved ones can easily find it. A fireproof safe is a good idea.
Update as needed over time. There isn’t a hard rule about when you should update your Estate Plan, but a good rule of thumb is try to update it whenever you have a major life event (birth of a child, death of someone important to your plan, marriage, divorce, etc.). And if you find you haven’t had any life events in recent years, try to review and update as needed every 3 - 5 years.
We use cookies to analyze website traffic and optimize your website experience. By accepting our use of cookies, your data will be aggregated with all other user data.