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Louisiana Family Law Blog

How do you divide debt during divorce?

Louisiana is a community property state, which means that all community property is split evenly upon divorce. If you are wealthy and have many assets, this can be a good thing, because you and your spouse split your assets fairly and move on. If you're struggling with massive debts, however, this can be extremely frustrating.

One of the problems some people run into is finding out that one spouse ran up debt without the other knowing it. By law, Louisiana would require that debt be split down the middle. For example, if your spouse spends $25,000 that you don't know about, you could end up on the hook for $12,500.

Divorces: Stress disorder can lead to high divorce rates

Divorces sometimes negatively affect those in certain fields more than others. One group of people with high divorce rates includes firefighters. There are reasons for this, which the House committee is starting to address in Louisiana.

According to the news from mid-May, mental illness adversely affects many firefighters, which can put a strain on their relationships at work and at home. A bill advanced by a House committee will help by adding post-traumatic stress disorder (PTSD) to the injuries that are eligible for public employee benefits so that firefighters can get their treatments covered.

Alimony FAQs

Divorce proceedings can be overwhelming if it is new territory for you; you may be unsure of your obligations. If you suspect you may owe your former spouse alimony, it is normal to have questions about what all this will entail.

Many factors determine whether you will have to make spousal support payments, and the state of Louisiana has special considerations. If you were the primary financial provider during the marriage, here is what you need to know about alimony.

Do you have to divide community property equally?

Property division is an important part of the divorce process. You want to be fair with each other, and although Louisiana is a community property state, you'll still have many opportunities to split your assets fairly.

With most states, the process of property division, known as community property partitions in Louisiana, is equitable. That means that there is no assumption that each party is entitled to 50% of the property in the marital estate. However, Louisiana is different. Since Louisiana is a community property state, there is a presumption that you will divide your assets equally.

Understand separate and marital property in Louisiana

Louisiana is a community property state, which means that you will need to separate your property as equally as possible if you choose to divorce. This can be complicated if you have substantial assets or assets that aren't necessarily liquid.

Marital property refers to any and all possessions that you obtained after your marriage. There are some exceptions, like property purchased with an independent inheritance, but on the whole, anything you buy during your marriage also belongs to your spouse. The good news is that Louisiana is fairly flexible with the terms of community property laws, giving you a better chance of getting what you should during divorce.

What are factors that influence child custody?

Children who go through divorce with their parents have to be taken care of just as well as when they were in a two-parent household. Parents have the responsibility to care for their children and to help them reach their potential, even if the parents no longer live together or maintain a romantic relationship.

The most important thing you'll do doing your divorce is coming up with your custody arrangements. Your child custody arrangements must be formed in your child's best interests and should consider all factors that could influence your child's well-being. By the age of 11, most courts in Louisiana will allow children to state their preference in custody disputes and when asked for their preference by the court.

What's the average child support payment?

Child support is an important aspect of many children's lives. It helps provide them with some of the income that they're missing as a result of not living with both parents at the same time. It can cover food, clothing, other necessities or even activities that a child wants to participate in.

One thing some parents ask is what the average child support payment is and what to expect if they have to pay child support. The average child support payment isn't something you can come up with easily. In fact, since child support payments are based on your income and other factors, you can't just look at averages and know what to expect.

What should you do if you're worried about parental kidnapping?

There is nothing more threatening than the idea that a parent could flee with your child in tow. You do your best to make sure your parenting plan is fair, but your ex-spouse keeps saying it's not enough. You noted recently that your child has been talking about a trip, and your ex-spouse even got your child a passport. You're extremely worried.

Of course, if your ex-spouse plans to take your child out of the country, they should run it by you first. In many cases, they'll need to get approval from the court, too. However, if you have heard nothing about the trip other than snippets from your child, it's time to speak up.

How the Hague Convention can help you get your kids back

If your former Louisiana spouse hails from another country and takes your children there to visit his or her family and friends, naturally you expect him or her to bring the children back at the end of the scheduled visit. But what if (s)he does not?

Unfortunately, international parental abduction has become a major issue for many divorced parents. If you are one of them, you may be able to get help under the Hague Convention on the Civil Aspects of International Child Abduction. In 1980, this international treaty was signed by 98 nations, including the United States. All member nations agreed not only to honor and respect each other’s custody laws, but also to help return parentally abducted children to their home country.

3 tips for better co-parenting arrangements

In most people's relationships, the most important person is their child. They want to make sure their child grows up loved and cared for. This is normal, and it can be the norm even after a divorce.

Not all divorces have to be complicated or end in conflict. Parents can co-parent together and make their relationships with their children and their ex-spouses better instead of living with conflict. Here are a few tips on how to make co-parenting work for you.

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