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Posts tagged "Divorce"

Using an appraiser to settle property value issues in a divorce

Most people in Baton Rouge understand that Louisiana is a community property state. Therefore, marital property must be divided equally in every divorce. Many people wonder why or how an appraiser could be used in a Louisiana divorce. The answer is not obvious, but reasons for using an appraiser in the appropriate situation are compelling.

How does a judge decide a child custody dispute in Louisiana?

Child custody may be the single most emotional factor in any Louisiana divorce. Many couples are able to reach an agreement on how they will take care of their children after the divorce is finalized, but some couples are unable to put aside their anger toward each other in discussing child custody. Some parents attempt to use the question of custody as a weapon against the other parent. When mutual agreement is not possible, the parents must turn to the judge, and many parents want to know how a judge will evaluate the various factors in a custody dispute.

Understanding property division in a Louisiana divorce

One of the most important questions in a Louisiana divorce is the division of the couple's property. Many residents of Baton Rouge understand that Louisiana is a community property state, but they usually do not understand how the law would affect the division of their property if they were to begin divorce proceedings.

How mediation can reduce the stress of a divorce

Residents of Baton Rouge who are contemplating a divorce may be uneasy about the anticipated stress, anxiety and anger that are the frequent but unwelcome components of the process. One of the most effective methods of eliminating these reactions from a divorce is the use of a trained mediator to assist in sorting through their issues. Many people view mediation as a surrender of their power to present their case to a judge, but, in reality, the mediation process enhances the power of each party to assert and protect their interests.

Enforcing an order for support in another state

People in Baton Rouge who have endured the emotional upheaval of the divorce process often assume that the entry of the court order terminating the marriage will also terminate the stress of the divorce. Even if life becomes calmer for all parties, unforeseeable events can play a role in causing significant post-divorce anxiety. One of the most common events is the relocation of one ex-spouse to another state. Such a move can result in tardy or non-existent support payments, regardless of which spouse moves. The Louisiana Legislature has enacted a law intended to limit the anxiety of such events.

Protecting a small business in a divorce in Louisiana

For many entrepreneurs in Baton Rouge, their business is their principal asset. It may have more value than a residence or a couple's personal property. Yet, very few business owners take concrete steps to protect their business in the event of a divorce. The state's community property laws make such planning virtually mandatory.

Can child and spousal support debts be discharged in bankruptcy?

Life often presents us with many head-slapping moments and the question "Why didn't I think of that earlier?" One of those questions, most frequently asked after a divorce proceeding is complete, is whether obligations for spousal support and child support can be discharged in a bankruptcy proceeding. This question most often arises when an ex-spouse wants to torment their former spouse by threatening to file a bankruptcy petition. Fortunately for ex-spouses entitled to receive either alimony or child support, these debts cannot be discharged.

Understanding the role of a parenting coordinator

Many Baton Rouge residents who have endured the stress and emotion of a divorce involving minor children have discovered that disputes about the child's welfare did not stop with the entry of the judgement of divorce. In order to assist parents in resolving disputes concerning their child's welfare, the Louisiana legislature has created the office of parenting coordinator.

What is a "103 divorce" in Louisiana?

Many residents of Baton Rouge have heard the term "103 divorce," but few of them understand the meaning of the phrase. The phrase refers to the section of the Louisiana Civil Code that specifies the most commonly used grounds for divorce. The section has special relevance for couples that have experienced domestic violence.

Factors affecting the award of alimony in Louisiana

When two people decide to end their marriage, one of the earliest questions is whether either spouse is eligible to receive alimony payments from the other. Many residents of Baton Rouge have asked this question, and rarely have they received a short, specific answer. The reason for the lack of definitive answers is the number of factors that must be considered by the court in answering the question.

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