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Tag Archives: divorce attorney
One thing that is important to consider when you are in a “community property” state (at least in Louisiana) is that not only assets earned during the marriage shared are, but so are obligations incurred during the marriage as well. Like much of Louisiana law, this is obviously subject to some exceptions. Let’s look at the below example. For more questions beyond just this example ask a divorce attorney. New Orleans, Louisiana has numerous options to choose from.
There are few things as heartbreaking as having a spouse be unfaithful. A marriage is supposed to be a lifelong commitment to another person. When infidelity occurs, it can invalidate all of the time, effort, and love which preceded it, not to mention the expense of having to hire a divorce attorney. In Louisiana, there can be numerous adverse legal effects for the cheating spouse as well.
In Louisiana, married spouses can generally have two different types of property: community property and separate property. Community property typically consists of things which the spouses earn during the course of the marriage; for example a family home they might have purchased, money they earn from their jobs, or cars that they buy using the money they have made from work. The other type of property which a spouse can have in Louisiana is known as separate property. This is property which is acquired in such a way that Louisiana law considers it separate. The difference between separate and community property is significant for a divorce attorney. The reason being is that community property is often divided evenly between the spouses, whereas separate property remains the sole property of the spouse who owns it. This article will deal with various examples of separate property, as outlined under Louisiana Civil Code article 2341.
In Louisiana, when two spouses each hire a divorce attorney to end the marriage, there may be an issue as to property. By that I mean, the spouses will need to find a way to split the property that they owned during (or before) the existence of the marriage. In a very general sense, property earned during the course of the marriage is considered “community property” whereas property earned before the marriage (or in another way that excepts it from being community property under Louisiana law) is called “separate property.” This distinction is a very important one because spouses typically share the community property equally fifty-fifty; whereas separate property remains in the sole possession of the spouse to whom it belongs.
In Louisiana, if a couple is getting or has already ended their marriage, a divorce attorney may need to partition their assets and property. Hopefully this is a procedure which they can agree to themselves. If they cannot agree, the spouses may seek the assistance of a Louisiana court.
To a divorce attorney in Louisiana, a court has a number of resources at their disposal when it comes to deciding what oftentimes very thorny and divisive family law issues. One such source is article 134 under the Louisiana Civil Code. This article deals specifically with issues pertaining to child custody. It lays out a dozen factors for a court to work through, one by one, making sure that each is fully addressed and answered before rendering a decision. Although some may seem fairly simple and common place, many times the answers to these questions are complex and involve a lot more than simple intuition. Today’s article will deal solely with one of those factors, factor number ten: The willingness and ability of each party to facilitate and encourage a close and continuing relationship between the child and the other party.
Divorce Attorney Questions: Can a Child Celebrity Cause Their Parent to Pay Less in Louisiana Child Support?
Let’s say Chad and Beth were married for ten years before each decided to work with a divorce attorney to end the marriage. They had one child from the marriage: Butch. As part of the legal proceedings, Beth was named the sole custodial parent, and Chad was granted visitation rights. Additionally, Chad was ordered by the court to pay Beth child support for the benefit of Butch.
When a married couple with children is ending their marriage in the state of Louisiana, there are many considerations for a divorce attorney to make. First and foremost should be those decisions which deal with the well-being of the children. Two issues often become paramount in these situations: where will the child live, and who will financially support the child? Both child custody and child support are issues that are dealt with directly in the Louisiana Revised Statutes and the Louisiana Civil Code. Today’s article considers factors which may offset the award of child support.
Marriage is supposed to be a pretty straightforward deal. If two people love each other, they can get married. Doing so is a very significant and important step towards the creation of a family and a fruitful and productive life. Despite the best intentions of the couple, here in Louisiana there are a few requirements from a divorce attorney which need to be met, or else the marriage will not be considered bona fide.
A divorce attorney typically has their hands full in a few different areas of the law. There might be clients with child custody and support issues, community property problems, or spousal support woes. Many of the laws in the state of Louisiana dealing with family law come from the Louisiana Civil Code. This is a collection of laws that have been codified over the years. Today’s article will explore some of these concepts, particularly those relating to community property.