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Louisiana Family Law Blog

How do you divide community property?

When you're working through your property division arrangements or community property partitions as it is called in Louisiana, it can be hard to know what you want to give up. Louisiana is one of a few states that recognizes community property laws, which require an equal split of marital property upon divorce.

While you might be fine with that 50-50 split, that doesn't mean it's always going to be simple. To divide your property, you'll still need to know the value of your marital property and decide how to divide it between you and your soon-to-be ex-spouse.

Considering these factors helps with your custody plan

Child custody is a hard topic to talk about, especially when you're close to your children. Both you and your spouse may have an idea of how you want to split your time with your kids, but there are many factors to consider.

When you're deciding on custody arrangements, you can't just make a decision or fight for custody that you don't have time for. You must consider factors such as outside responsibilities, work and other children who you need time for.

Handle your emotions to avoid a nasty divorce

Divorces are complex, and they can be emotionally, physically and financially draining. As someone who is going through a divorce, you need to be prepared for the impact it's going to have on your life.

When your spouse approached you to ask for a divorce, you might have been blindsided. That sudden realization that your spouse isn't happy with you is hurtful, and you may have no other option but to let them go. The reality is that this deep hurt is part of why many divorces dissolve into conflict.

Here's 3 tips for bringing up a prenuptial agreement

You love your fiance, and you want to make sure that you both start off your marriage the right way. That's why you'd like to bring up the idea of a prenuptial agreement to them.

While you know that a prenuptial agreement can be beneficial, you aren't sure if they'll agree. So, how can you bring up such a sensitive topic? Here are three important tips.

Child support's purpose: Know why you pay

If there is one thing that can cause a lot of distress during a divorce and afterward, it is the payment of child support. Some parents believe that they should not pay child support if they are seeing their children often enough. Other parents need and rely on child support to provide children with the necessities, such as a stable home, food, clothing and education.

There is often a misconception about child support. That misconception is that the support has to go specifically to the child's needs. In a way, that isn't exactly true. Some parents believe that the support should only pay for a children's clothing or schooling needs, but the reality is that the custodial parent or parent receiving child support has the right to use the money in any way that supports the child. That can mean taking the child out to dinner, buying them clothing, paying utility bills or even taking a vacation.

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.

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