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Baton Rouge Family Law Blog

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:

How DNA is used in paternity cases in Louisiana

Paternity cases establish a father’s right to time with his child as well as his duty to help financially support the child through child support payments.

Our firm represents both fathers and mothers in paternity cases. We represent fathers who wish to establish custody as well as fathers who don’t believe they have fathered a child and want to confirm this. We also represent mothers who want to establish paternity in order to get the financial support they need to raise their child.

Do I need a prenuptial agreement?

Prenuptial agreements have had a bad reputation over the years, but the truth is that they are a smart choice for many Louisiana residents who are getting married.

Ultimately, prenups are not intended to prepare for a divorce, they are intended to offer both parties protection in case a divorce should occur. 

Adopting a step-child in Louisiana

When you marry someone who already has a child, you not only get a husband or wife, you also get a son or daughter.

In some cases, the child’s other biological parent may no longer play a role in the child’s life, and you may decide to be legally recognized as the child’s parent by legally adopting him or her.

When your family law matter involves domestic violence claims

Unfortunately, domestic violence is an issue in many Louisiana divorce and child custody cases. The good news is that if you are the victim of domestic violence, your family law attorney can help you ask the court for a protective order to keep you and your children safe.

A protective order works by ordering the abusive to stay away from you and/or your children, much like a restraining order. If the abuser does not stay away, you have the right to call the police and the abuser could be arrested.

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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