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Baton Rouge Family Law Blog

How do courts decide on child support obligations?

Getting divorced can take an emotional toll. An individual may be ending his or her marriage to someone who he or she has deeply cared about for years, maybe even decades, and the circumstances that gave rise to the dissolution may be heart-wrenching. And yet, emotional harm is not the only issue divorcing couples have to contend with. They also have to find a way to deal with the financial realities of the situation.

One of the most common issues dealt with in a divorce is child support. These monthly payments, made by a noncustodial parent to a custodial parent, are intended to help pay for medical expenses, everyday costs, and educational expenses, amongst others. It is the state's position that it takes two people to create a child, and both of those parents should be financially responsible for the upbringing of that child.

Can a divorced parent relocate with a child?

Many people go through the divorce process, and many of these individuals assume that a final agreement or adjudication settles all matters. Though this may be true for property interests, for other legal aspects of a divorce that is not necessarily the case. In child custody matters, for example, an agreement modification may be possible. But when contested, is it possible for you to relocate with your child?

It really depends on the circumstances of your situation. In some instances, a court may look at several factors to determine if allowing the relocation is in the best interests of the child. For example, if you are looking to move out of state, it may be harder to show that it is in the child's best interests compared to a move that is only 20 miles away from your current residence. However, a court may also consider whether your move is for a better job, more effective education, or for lower cost of living. Again, it is important to remember that the court will render a final decision based on your child's best interests.

Prenuptial agreement could play role in Affleck-Garner divorce

The media gives a lot of attention to celebrity divorces. Reports often detail why the couple split, how child custody matters may play out, and how much spousal support one party might have to pay to the other. Oftentimes, these high-asset divorces deal with significant assets, and, therefore, prenuptial agreements often define the limits of a divorce settlement. One Hollywood power couple shows just how important these documents can be, and how knowing the law can help an individual make decisions that protect his or her best interests.

Many Louisianans have probably heard about the Ben Affleck-Jennifer Garner split. Yet, though the couple has been separated for months, divorce papers were just recently filed. In fact, the official filing comes exactly 10 years and one day after their marriage. Why the exactness? Well, it may be no coincidence. Under California law, marriages that last at least 10 years may be deemed long-term, which could increase any award of spousal support.

A legal approach tailored for every client's needs

Divorce is rarely, if ever, easy. Those who contemplate it have a lot to think about, as the process can leave them amidst heated disputes over a variety of issues. Child support, alimony, and property division are typically the most difficult matters to handle. As discussed last week, dividing marital debts can also be an emotional battle that you must face before you can reach a final judgment.

Though you and your spouses' debts may be dividing in accordance with the law and how a judge sees fit, you may be able to negotiate a better arrangement that works better for both you and your soon-to-be ex-spouse. Reaching such a resolution often requires strong negotiation skills and fearless representation. Since going through a divorce can be an emotional experience, it may be wise for you to seek the assistance of an attentive, aggressive, and skilled family law attorney.

Property division after a divorce includes dividing debts

Many people in Louisiana carry some form of debt. Whether it is credit card debt, medical debt or a mortgage, debt is just a part of one's financial life both before one is married, as well as during the course of the marriage. However, it may surprise some to learn that, just like property, debts will be divided between the spouses at the end of a marriage. Therefore, it is important to understand what one's financial responsibilities will be after a divorce.

Can grandparents in Louisiana seek visitation rights?

Many people in Louisiana have experienced first-hand the love that only a grandparent can provide. Whether it is fishing with grandpa or baking cookies with grandma, the bond between a grandparent and his or her grandchild is a special thing. Unfortunately, sometimes life circumstances, such as a divorce, can get in the way of this bond, or may prevent a grandparent from spending time with his or her grandchild altogether. When this happens, can a grandparent seek visitation rights through the court?

What are the requirements for getting a divorce in Louisiana?

When a couple in Louisiana considers getting a divorce, it's not as simple as filing a few papers and moving forward after the end of a marriage. There are legal issues that have to be dealt with and rules that must be followed. Understanding the law and its subsets when it comes to a divorce can make the process as smooth as possible whether there is an ongoing dispute, the split is amicable, or the divorce is somewhere in between.

If either spouse files a petition for divorce, there must be proof that the required amount of time has passed from the time the petition is served or when there was an execution of the written waiver of the serving of the petition. In addition, the couple must have lived separately for the required amount of time. There are other grounds for divorce according to state law. If the other spouse has committed adultery, then it is allowable to file for divorce. Divorce is also possible if the other spouse has been found guilty of a felony and was sentenced to die or sentenced to prison with hard labor.

Remember: The court does play a role in your personal life

While we would like to think that the government doesn’t have a say in our personal lives, this couldn’t be further from the truth. The judicial branch can play a role in both our romantic relationships as well as our parental relationships.

For example, marriage is a legal status, which can only be granted by the state. There are also conditions that have to be met before a marriage will be granted, including an age requirement and the requirement that neither party isn’t already married to someone else.

Understanding the adoption process in Louisiana

Welcoming a child into your family through adoption will likely be one of the best experiences of your life. However, in order to make sure that the process goes as smoothly as possible, it’s important to understand the laws and procedures that apply.

Here are some of the main facts that you need to know about the adoption process in Louisiana:

  • You must be at least 21 years old, have sufficient income to meet the basic needs of a child, and be in good physical, emotional and mental health in order to apply to become an adoptive parent.
  • You can be married, single, divorced or widowed to apply to be an adoptive parent.

Don’t let these divorce mistakes derail your finances

There are so many things to think about during your divorce, including your children, your own emotional wellbeing and your future. But in order to best protect all of these things, you need to leave your marriage in the best financial shape possible.

So that means that while your finances might be the last thing you want to think about right now, the issue is too important to ignore. As a recent article from Main Street points out, there are three common mistakes that tend to leave people in financial ruin after divorce and they are:

Contact Our Child Custody And Support Lawyers In Baton Rouge

We will take the time to learn as much as possible about your situation. Based on your goals and circumstances, we will help you determine the best course of action. Contact a Louisiana family law attorney at our law firm today.

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