Jump To Navigation
Reliable, Results-Driven Family Law Representation

Lafayette Family Law Blog

What are the different kinds of divorce in Louisiana?

If it looks like a duck, walks like a duck and quacks like a duck -- it's a duck. This is the so-called duck test. The statement is meant to convey that something is exactly as it appears to be. Applying that concept to divorce, one might say that a divorce, is a divorce, is a divorce. But state laws treat the issue differently. And in Louisiana, the state code can make things a little complicated.

For example, as we noted in a post just one year ago, Louisiana allows for what is called a "covenant marriage." Couples who choose to marry under this option have to sign a special document that makes it harder for them to end their marriage if they eventually do decide to divorce.

Adoption: The next same-sex family law issue before SCOTUS?

The family law landscape has been going through seismic shifts in the past few years as far as same-sex couples are concerned. As we all know, same-sex marriages have now been deemed legal in all states, including Louisiana.

But that is only one small element in an area of law that is much bigger in scope. So what will be the next big issue likely to cause tremors? It appears that it could be the question of inconsistencies in state laws involving approved adoptions by homosexual individuals.

Ways to foster peace where domestic violence is suspected

October was domestic violence awareness month. Those with experience in family law matters in Louisiana surely were aware of that fact. If you participated in one of the many activities held to try to shed light on this particular issue, kudos.

All too often, the abuse that spouses or intimate partners commit against purported loved ones; the mistreatment that children suffer at the hands of those who are supposed to be watching out for them; goes unnoticed. And where that happens, the evil can flourish.

Not every change in circumstance warrants a support modification

There are a lot of things in life that spark arguments over what's right and what's fair. Sometimes the two things never quite intersect. In family law situations, where so many personal issues can create friction, the process of sorting out child support can be one of the most contentious of items.

The system for establishing child support levels in Louisiana is one that is intended to put an emphasis on what's fair. But not everyone always agrees on what factors should be taken into account to strike an equitable balance.

What consequences could I face for violating child custody?

The bond between parent and child is one that is recognized by society, and thus the courts, as almost sacrosanct. But that does not mean that those relationships are inviolable. Anyone who has had to deal with child custody issues in Louisiana will appreciate that the rule that guides such matters is the best interests of the child. And sometimes that means that one parent gets preference of custody over another.

In a previous post (see our entry of July 30); we sought to highlight how changes of life circumstances can lead to the possible need for changes in custody arrangements. The courts are not unmindful of these realities, but because they have the obligation to watch out for the interests of children in custody disputes, such changes can't be made without going through the proper channels for a legal modification. And an attorney's help is always recommended.

How to insure third-party trusts against divorce division

Louisiana is a community property state. What that means is that, generally speaking, property accumulated during a marriage is considered equally owned by both spouses. If a couple divorces, that community property can most likely be expected to be divided by the spouses equally.

In light of that, the conclusion it would seem logical to draw is that any assets that the individual parties brought to the marriage should not be subject to property division in the event the marriage ends in divorce. However, the legal system can be complicated and there instances on record in which the lines related to marital and separate property have sometimes been found to be blurry.

Study looked at role of marriage in family stability

There's an old jump rope chant that some Louisiana readers may recall that talks about the normal course relationships often follow. First comes love; then comes marriage; then comes baby in a baby carriage.

That model is still held up by some as ideal. But it's not followed quite as diligently as it used to be. Couples may or may not get married before launching into parenthood. And for some, that raises a question about possible effects on family stability.

'It takes a village' applies for enforcing restraining orders

A common point of view about restraining orders is that they are not worth much. A judge in a court signs a document that orders an abusive partner to stay away. That bears some legal weight. But it is not the same as putting the threatened person into protective custody.

Unfortunately, such a practice would likely be administratively impossible to pull off. According to the Louisiana Protective Order Registry, there are more than 16,000 orders in place currently in the state. But that should not be taken to suggest that someone threatened with domestic abuse should dismiss getting a restraining order out of hand.

What effect might an Ashley Madison account have in divorce?

There was a nearly audible nationwide gasp earlier this summer when the story broke that hackers had gotten hold of and released contact information about users of the Ashley Madison website.

Some of those catch breaths surely came from people who couldn't believe that there is actually a website dedicated to helping married people cheat on their spouses. But a lot of them probably also came from some of the 37 million individuals whose emails got leaked to the public.

What effect does government assistance have on child support?

It's widely estimated that nearly half of all marriages end in divorce. Very often, those couples are parents. It is also generally estimated that a quarter of all children are born to single parents.

That being said, it should come as little surprise that control and oversight of the care and well-being of children by way of appropriate child support is something that government takes seriously. Some states are more aggressive than others in the exercise of that control.

Contact Form

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.