Tag Archives: new orleans divorce lawyer

Divorce Lawyer Answers Louisiana Community Property Questions

One thing many spouses who are about to end their marriage ask their divorce lawyer: what happens to our property? Obviously a married couple can accumulate quite a good deal of stuff over the course of the marriage. Typically, states provide specific laws that deal with how the property should be distributed in the event that the couple cannot agree. Here in Louisiana, we use what is called a “community property regime” framework. This is a tradition that arguably has its base in old Spanish law; and it is also used by present day states that were once under the dominion of Spain like Texas, Arizona, New Mexico, and California.

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Divorce Lawyer: Louisiana Community Property Example

In the state of Louisiana, spouses generally share what is known as “community property.” This generally means that the things the spouses earn during the course of their marriage are shared equally between them. There are exceptions to this rule, and things can get very complicated quickly, even for a divorce lawyer. A court may have to classify all of the different things owned between to the two ex-spouses, and decide which ones are community and which things are not.

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Louisiana Divorce Lawyer Work: Child Custody

There are many ways that a Louisiana family court might come a decision about where a child is best suited for custody after his or her parent has a divorce lawyer end their marriage. One main source of authority is article 134 under the Louisiana Civil Code. Rather than just listing the words of that law, let’s turn to an example to illustrate its complexity.

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Divorce Lawyer: A Louisiana Custody Hypothetical

One important list of factors that a Louisiana family judge will consider in awarding child custody is the one found in Louisiana Civil Code article 134. Article 134 lays out twelve different factors for a divorce lawyer to contemplate in recommending to a court a decree. Rather than just blandly listing them out, at this time I would like to take the opportunity to tell a story that might better explain some of them.

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Divorce Lawyer: Vices of Consent in Louisiana

When two people are married, they share legal rights together in a variety of different things. For this reason, the laws of each state in this country are careful to protect those rights and their formation. In the state of Louisiana, there are a few different requirements that instruct a divorce lawyer, and a few different impediments, to becoming married to another person. This article will deal specifically with Louisiana code article number 93, entitled “Vices of Consent.”

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How the Child’s Preference Could Affect the Argument by a Divorce Lawyer for a Non-Parent

Family courts across the country typically consider the best interests of the child when awarding custody in family law situations. Louisiana is in this way not different. That said, in Louisiana there are Civil Code articles that directly provide the court and a divorce lawyer with guidance on this task.

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Divorce Lawyer – The Distance between Parents and How This Could Affect Custody

Child custody battles are never easy, even for a divorce lawyer. Oftentimes they involve high-tempered emotions and personal disputes. Here in Louisiana, the family court system has a specific set of rules and guidelines that they can follow to make sure the child is placed in the best home for his or her needs.

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Stability Can Be an Important Factor for a Divorce Lawyer to Understand How a Court Might Rule

In Louisiana, a divorce lawyer oftentimes looks at the Louisiana Civil Code when making their decisions about various family law issues. One such issue is child custody. As the reader might imagine, there are a number of different and complex determinations that must be made by a family court in ensuring that they place the child in the most loving and supportive environment possible.

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Louisiana Family Law: Civil Code Article 134(3) and its Applicability to a Divorce Lawyer

This article is a continuation of a series on Article 134 of the Louisiana Civil code, which codifies, in part, the definition of the best interests of the child for the divorce lawyer, court, and all interested parties. This article, in particular, deals with Louisiana Civil Code Art. 134(3), which factors into child custody cases the ability of each parent to provide the material needs, such as food, clothing, medical care, to the child.

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Louisiana Family Law: Civil Code Article 134(2) and its Applicability to a Divorce Lawyer

When a court performs a child custody analysis, it often makes its determination on what each sides divorce lawyer or other attorney presents. Rather than looking at the law and applying it by rote, the court in Louisiana often looks at the contested issues in making its determination. Having said this, there still is substantive law to consider both for the court and the parents. This article is part of a series that attempts to explain some of the intricacies regarding Louisiana Civil Code Article 134 which may be one of the most important child custody provisions in the code. In particular, this article goes into part two of article 134 which emphasizes the importance of each parents’ ability to give emotional and spiritual guidance to the child and “to continue the education and rearing of the child.”

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