An attorney can help a victim seek protection and end an unhealthy marriage in order to live a life that is not punctuated with pain and daily fear. Securing a protective order is often the first step in this process.
]]> We have previously discussed the high rate of domestic violence across the state. Last year, over 20,000 protective orders were filed in Louisiana, and Lafayette Parish had the third highest population of individuals seeking such protection.While there are legal consequences for an abuser that violates a protective order, this can happen -- a victim would do well to best protect themselves by:
A family law attorney can then walk the individual through all the steps of a divorce. This includes arranging child custody, working out support payments and dividing property. While the process of breaking free from an unhealthy marriage can feel overwhelming and scary, it does not need to be done alone.
An experienced family law attorney can assist an individual fight for freedom and protection at every step of the way.
Source: Alexandria Town Talk, “More than 20,000 file for protective orders in Louisiana every year,” Adam Duvernay, May 13, 2013
]]>There are a few things that will save on time, cost and stress when ending a marriage in Louisiana:
Use these professionals in the most cost-effective manner. Litigation can be expensive, but mediating issues, and then having a family law attorney review agreements can avoid court costs and settle many issues in a shorter span of time. Further, having an accountant analyze a tax return can save money.
Also utilize this accountant to look at the big financial picture. An accountant can ensure that financial valuations are weighed in the 50-50 split of property. When it comes to divvying up smaller value items, wasting energy endlessly fighting can quickly drain funds. Pick your battles.
Divorce can be difficult and emotionally exhausting, but it does not have to be financially exhausting. Leveraging skilled professionals will help facilitate the process in a cost-effect and efficient manner so that a new, happier life can begin.
Source: Fox Business, “How to Make Your Divorce Cheaper,” Andrea Murad, May 16, 2013
]]>Essentially, this means that property division in Louisiana entails the equal splitting of assets, accounts, property -- and debt. If spouses held a joint account, and one spouse racked up huge amounts of credit card debt, the other spouse could be liable for that debt incurred during the marriage. However, there are circumstances that can prompt a family law judge to distribute assets and liabilities in a manner that is not equal.
]]> For example, if one spouse was deceitful with finances and secretly amassing large amounts of debt at their leisure, a judge could take this into consideration when assigning debt liabilities to each spouse. There are other circumstances which could prompt a court to divide marital property in favor of one spouse over the other. A few other situations in which property division in Louisiana may not be awarded 50/50 include:Of course, a prenuptial agreement can also mean that property is not divided 50/50 in a Louisiana divorce. Whenever an individual in Louisiana is divorcing, it is imperative to retain a skilled divorce attorney that will ensure that an individual does not have their rights violated and they are not cheated out of their just property award.
The terms of property division can really set the tone regarding how the individual will move forward following a divorce. Being burden with crippling amounts of debt from an ex is not the ideal way to begin a happier life.
Source: Fox business, "Is Wife Liable for Ex's Card Debt?" Sally Herigstad, May 7, 2013
]]>Louisiana has a number of nonprofits and shelters that are working to address domestic violence and provide safe spaces for victims. Many of these agencies depend on state funding to provide them with the money they need to do their work. However, this state funding may not be around for long - a recent legislative proposal would cut state funding for domestic violence programs by almost 40 percent.
]]> Some shelters have said they would have to close their doors if the proposal becomes law. In turn, they worry that abuse victims will have nowhere to turn after getting away. They fear that victims will have to make the choice between being homeless and going back to their abusers.Domestic violence agencies are also stressing that their services about much more than just a place to sleep at night. They also provide counseling, transition services and crisis intervention, all of which could be cut.
The Louisiana Department of Child and Family Services, though, thinks the state's funding may be misplaced, especially given how tight the state's budget is. While safety remains a priority, the DCFS says that the money would likely be better spent on outreach and prevention.
Regardless of whether these cuts go forward, it is important for domestic abuse victims in Louisiana to know there is help available. If you or someone you know is being abused, you can get help by calling the Louisiana Domestic Violence Hotline at 1-888-411-1333.
Source: WWLTV, "Massive proposed cuts could gut domestic violence programs," Monica Hernandez, April 11, 2013
Our law firm helps domestic abuse victims obtain protective orders and file for divorce in Louisiana. For more information, please visit our website
]]>Filing first will also allow you to be more well-prepared. As soon you start thinking about divorce, make a point to gather up all the documents you will need. This includes statements from your credit card, bank and brokerage accounts as well as tax returns, insurance policies, vehicle titles and real estate records. Having these documents ready ahead of time will make the divorce process much less stressful.
You should also start setting aside money as soon as you think a divorce is in your future. You want to make sure you are able to make an appropriate investment in your future. However, be sure that you aren't inadvertently hiding assets while you do this.
If you have any questions about getting ready for divorce, it is always helpful to talk them over with an experienced divorce attorney.
Source: Forbes, "What Are The Financial And Legal Advantages Of Being First To File For Divorce" Jeff Landers, March 26, 2013
Our law firm helps people file for divorce in Louisiana. For more information, please visit our website.
]]>The married parents of two young boys were arrested last summer when police found the parents in a Louisiana hotel with drugs and weapons. Following the arrest, a family law judge awarded custody of the boys to the maternal grandparents.
]]> As previously stated, custody battles can be highly contentious. In some instances, this will cause individuals to take irrational measures, often outside the bounds of the law. The day following losing custody of their children, the parents reportedly tied the maternal grandmother up, took her car, took the young boys and fled for Cuba. Authorities were able to quickly track down the family with the assistance of Cuban authorities, and the little boys were recovered safe and in good health.However, the same cannot be said of the parents. Both are currently awaiting trial for charges that include kidnapping, child abuse, burglary, false imprisonment and interfering with custody. Both parents are presently prohibited from having any sort of contact with their young children.
While emotions can understandably run high in a custody battle, regardless of the circumstances it is always best to have a skilled attorney advocate for the rights of a parent. If a parent tries to address the issue outside a courtroom, there could be criminal consequences that further jeopardize a parent's access to their child.
Source: The Tampa Tribune, "Documents: Email, Facebook used in Hakken's kidnapping plan," Ray Reyes, April 17, 2013
]]>Instead, increased rates of divorce over the last few decades are largely a reflection of setting the bar higher. Residents of Louisiana are rightfully demanding more from their marriage, and more from their spouse. A financially stable but emotionally void marriage is no longer good enough for most.
]]> This is particularly evident in the dramatic increase in the rate of couples ages 50 or older deciding to divorce. This increased rate of "gray divorce" has jumped from comprising just 10 percent of divorces two decades ago, to almost 25 percent of divorces at present. For many older couples, when there are still 20 or more years left to live, remaining in an unfulfilling relationship is not worth it.As the stigma surrounding divorce has largely dissipated, more individuals unhappy with their spouse seek to find fulfillment and happier living situations facilitated through divorce. It's not that people are any unhappier at present; it is simply that more individuals are taking steps to actively change their circumstances. For many divorcing couples in Louisiana, spouses realize that they do not have to continue to endure the pain and loneliness of years past.
Disentangling two lives through a divorce can feel complicated. However, an experienced family law attorney can guide a divorcing individual carefully through each and every step of the process so that they can begin their path to fulfillment.
Source: Los Angeles Times, "A 'gray divorce' boom," Susan L. Brown, March 31, 2013
]]>However, not all of these changes come easily, and some changes present challenges. The change to an individual's financial picture following a divorce can be one of the most significant challenges. The vice president of a wealth management firm says of divorce, "Most people don't realize the depths of what divorce can do when it comes to their finances. It is usually a matter of much more than a loss of salary or income."
]]> Following a divorce, an individual will have to shoulder most financial responsibilities with one income instead of two. There will also be tax ramifications, there will need to be an adjustment in retirement planning and there could be a host of other unanticipated changes. However, there are several measures in place that help to account for these changes.For example, child support will help with the expenses associated with raising children following a divorce. Spousal support can also be available in some instances. An experienced family law attorney is invaluable in ensuring that an individual is able to embark on a new start in the best of circumstances. This means ensuring that all support payments are fairly and accurately ordered, that debts and assets are properly divided, and so much more. An experienced family law attorney can help navigate the challenges of a divorce so that an individual can focus on the positive changes and move forward.
Source: Los Angeles Times, "Five ways divorce will impact your finances," Stuart Pfeifer, March 28, 2013
Evidence of this nature is very often used against an individual believed to be ignoring child support obligations. Additionally, evidence from Facebook of a parent excessively drinking or engaging in other risky behavior can be used against the parent in custody proceedings. In more unusual instances, spouses have even discovered evidence of bigamy through Facebook.
]]> An attorney that recently built a case against a parent that had not made a single child support payment in three years used evidence from Facebook pictures. The attorney secured a warrant for the parent's arrest on felony charges because in conjunction with other evidence, the parent had pictures on their Facebook account depicting them lying in a pile of cash, indicating the parent was choosing to not make the payments rather than being unable to do so.The attorney for that case says of Facebook, "It is an investigative tool. It can be effective in assisting in the investigation and prosecution of certain criminal targets." Social media platforms like Facebook are creating interesting new issues in family law courts in Louisiana. It is important to remain aware of this fact when an individual in Louisiana is going through divorce proceedings, or other family law issues.
Source: ABC News, "Facebook Money Pics Bust Dad for Allegedly Dodging Child Support," Alexa Valiente, March 22, 2013
Domestic violence is a pervasive problem in homes across the country where victims and their loved ones are threatened by harm from a spouse or partner. It is alarming that the rate of domestic violence in Louisiana far exceeds that of the national average. Not only does Louisiana have a 40 percent higher domestic violence rate, but Louisiana also has the fourth-highest homicide rate in the nation.
]]> This violence destroys families and destroys lives. In conjunction, those disturbing statistics translate to mean that over three-quarters of victims killed by homicide in Louisiana are the wives, ex-spouses or girlfriends of the individual that kills them. An individual can feel scared and unsure of how to protect themselves and their loved ones. An attorney can be a lifesaving advocate in such situations.An attorney can first assist an individual in obtaining a Temporary Restraining Order. After a hearing following the TRO, a long-term protective order can be issued which can work to establish temporary custody, support and other issues including counseling.
When an individual in Lafayette or elsewhere across Louisiana is the victim of spousal abuse, an attorney can be critical to not only assist the individual in divorcing their abuser, but also seeking a protective order in an effort to keep the individual and their loved ones safe. There is help, there is a way out, and the Kiwanis Club is absolutely correct: Love shouldn't hurt.
Source: The Daily Star, "Domestic violence prevalent in Louisiana," March 17, 2013
Divorce is not always a seamless transition for children, but by no means are children of divorced parents unable to have happy, supportive lives in which they maintain a close relationship with both of their parents. Additionally, courts will work to ensure that the best interest of the child is at the heart of all custody and visitation arrangements, as well as child support orders.
]]> Regardless of the terms former spouses are on, child support payments in Louisiana are an obligation, not an option. Such payments are crucial in ensuring that after a divorce, children do not experience a significant shift in their standard of living, or level of financial support. Failing to pay child support primarily serves to disadvantage a parent's child.Unfortunately, a variety of circumstances often end in a parent failing to fulfill their child support obligations. This is a problem not just in Lafayette, but across all of Louisiana and the rest of the country. One out-of-state county decided to send a clear message to parents failing to address late child support payments. Instead of arresting these parents, deputies began booting the cars of parents failing to meet their child support obligations so that they cannot drive until the child support issue is resolved.
The county says they have seen a lot of success with this program. Not only has it served to collect thousands of dollars in outstanding child support payments for custodial parents, but the program has also encouraged others in the community to be mindful of closely making their support payments as well.
While Lafayette does not currently have a program like this, it is still crucial to make these payments because failing to do so will mean other consequences.
Source: WFMY News, "Parents Late With Child Support Get Boot On Car In Michigan," March 6, 2013