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Baton Rouge Family Law Blog

Megan Fox files for divorce from actor husband

Divorce can affect anyone. From your next door neighbor to your mother, nearly everyone knows someone who either has gone through or is currently going through the marriage dissolution process. Not even celebrities are immune from the difficulties divorce can bring. However, it is important to note that, despite their wealth, publicity, and super star status, celebrities have to deal with many of the same divorce issues that everyday people do.

Actress Megan Fox, for example, recently filed for divorce from her actor husband, Brian Austin Green. Though the couple likely has significant assets, they must still determine which property is marital and which is not. Property division can be a contentious issue during divorce and, considering the emotions involved, it should be handled delicately. That is not to say, however, that one should not fight for what is rightfully his or hers. Therefore, it is often beneficial to have the assistance of a legal professional when assessing property. Megan Fox has already acquired this help.

Unmarried couples and property division

Readers of this blog know that with divorce comes a whole host of family law issues. Property division, child custody and child support are all matters that need to be addressed and oftentimes are hotly contested. However, less well understood is that fact that unmarried couples in Louisiana can face similar legal issues. As more couples are putting off marriage, whether to find financial stability, avoid divorce or for some other reason, handling these legal matters becomes increasingly important. Therefore, this week we wanted to briefly touch on some family law issues unmarried couples may face upon their break up.

A couple that has lived together for a long time and has, or is considering, acquiring real estate, should consider entering into a property agreement. This document can spell out how property will be divided should the couple split. By having such an agreement in place, a couple can ensure their property rights are protected and, should the couple break up, they can avoid lengthy, emotionally charged legal battles.

How can student loans affect my divorce?

If you are married and are thinking about getting a divorce, or if you are thinking about getting married, then you have a lot to consider. You might be excited about starting your new life, but you might also be afraid about the financial realities of the situation. In today's world, where education is paramount to finding a decent job, many individuals find themselves strapped with student loan debt, which may be one of your primary concerns. So this week we will briefly look at student loans and how they can be affected by marriage and divorce.

First, if you are marrying someone who already has existing student loan debt, then that debt will remain tied to him or her and will not affect you. Even if you marry and your spouse defaults on his or her loans, creditors can only come after assets owned solely by him or her. Additionally, your credit score will not be affected in any way.

Representing parents in child support matters

Recently, this blog discussed how the amount of child support a noncustodial parent owes to a custodial parent is calculated. Though there may be some fluctuation in the final amount determined, that does not mean that the amount is final until the end of time. There are many situations that may warrant a child support modification, which may correspondingly raise or lower your monthly payments. Amongst these situations are the sudden loss of a job, the onset of an unexpected medical condition, or a promotion or change to a better paying job.

It is important to remember that the court will always look to the child's best interests when determining child support. Accordingly, the court may assess your income, the child's schooling, extracurricular, and medical expenses, and other, everyday costs associated with raising the child. It may seem obvious when a court should modify the child support amount, but this is not always the case. In several instances, the court wants to hear a strong legal argument for why the amount should change. This is why the skills of an experienced attorney can be so beneficial in these matters.

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?

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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