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Lafayette Family Law Blog

Dealing with child custody disappointment during the holidays

Child custody is a sensitive matter regardless of the season. However, the holidays are a time of increased emotions and stress, and it can be quite difficult for Louisiana parents to get through this time of year after divorce. Many parents experience anger, sadness and other frustrations when the holidays will be different from what they expected or are used to.

When two parents share custody, it is likely that a child will be unable to attend all family functions and be with both parents at every event. This may make a parent feel frustrated or lonely, even if it is not his or her designated visitation or parenting time. One way to diffuse these situations and deal with these feelings is to let go of expectations. It may be helpful to focus on one day or holiday event at a time instead of worrying about them all at once.

Didn't sign a prenuptial agreement? Consider a postnup

In general, Louisiana couples are increasingly aware of the benefits of signing a prenup. However, being aware of how good something is and actually following through with doing it are two very different things. Whether couples initially decided against using a prenuptial agreement or did not fully realize that they needed one until later on, they can still gain the same protections through the use of a postnuptial agreement.

Prenups and postnups generally cover the same types of topics. This includes things like separate and community property, future inheritances, debt, potential earnings and much more. This can make things easier should a couple end up heading toward divorce. Moreover, simply sitting down to talk out these issues can potentially improve marital communication.

Prenuptial agreements a good idea for baby boomers

Finding love after a divorce can be an invigorating experience. However, it can also feel more complicated, especially for Louisiana baby boomers who are in or nearing retirement. Prenuptial agreements can help these individuals protect their own interests and even outline expectations for financial management during the marriage.

After a first marriage and decades of working, most people have a significant number of assets to their name by the time they reach retirement. Even if an individual has divorced and is moving on to another marriage, they likely have retirement savings, vehicles or maybe even a home. These types of assets are usually pretty valuable, and protecting them is important. A prenuptial agreement can outline which property is separate, making property division easier and quicker if the need should arise.

Child support, more in Anna Faris & Chris Pratt's settlement

Celebrity couples usually are not help up as good examples of how to handle a divorce in Louisiana, but a recent split between acting duo Chris Pratt and Anna Faris might be an exception. The couple took a collaborative approach to settling difficult family law issues, such as child support and alimony. Their divorce was recently finalized less than a year after the initial filing.

Faris and Pratt were married for eight years before announcing their split in 2017. Pratt filed the official divorce papers in December of that same year, and a judge signed off on the couples settlement in Oct. 2018. Although they did have a prenup that likely helped them tackle things like property division, other issues are not so easily addressed through this important family law tool.

How fathers can effectively navigate this holiday season

The holidays can be a difficult time for fathers who have to share custody and split time with another parent. It is not easy to be away from your kids for any amount of time during a season when holiday traditions and family time are important. For these reasons and more, this time can of year can be stressful, emotions can run high and disputes with the other parent may be more likely.

If you think that the holiday season could be difficult, it may be beneficial to prepare for potential complications and look for ways to reduce disputes. For the benefit of the children, it may be necessary to look for the middle ground and remain willing to compromise with the other parent. It is always smart to know how to navigate potentially complex situations that may arise.

Fathers say they are struggling with child support

Louisiana fathers today tend to be more involved than men of the past, but family law has not exactly caught up with this change just yet. According to some men, fathers are still treated much differently after divorce, and they often feel more like add-ons to the child custody agreement rather than a vital part. Whether in regards to an unfair custody agreement or a monthly child support payments that are too high, fathers should be sure to act swiftly to avoid difficult situations.

When child support payments are set too high, fathers have options. A good first step is for an individual to pay what he or she can rather than ignoring the problem. Then, the person can petition the judge for a modification. However, even when fathers feel like they are making the best effort, they may still fall short.

Should one try to finalize a divorce before the year's end?

Ending a marriage can be a lengthy and complex process for Louisiana couples and, in some cases, can take an extensive amount of time to finalize. If a person is going through the divorce process yet still has issues to resolve, it may be beneficial to work toward a final resolution before the end of the year. Due to tax changes coming at the start of 2019, there could be significant financial consequences to delaying.

A high asset divorce will have a significant impact on the financial health of both parties, but the impact could be even more significant in 2019. In 2017, President Donald Trump passed new tax legislation that will affect divorce, alimony and the tax implications for both spouses. Essentially, the newly passed laws will remove tax exemptions for those who pay alimony, instead, making alimony non-taxable income for the recipient. 

Could divorce mediation be right for you?

You might be most familiar with divorce as it is presented through images presented in popular media. While there is nothing wrong with enjoying a good movie, you might be expecting to go straight before a judge at the beginning of the divorce process. While family law judges in Louisiana do play important roles when necessary, you do not necessarily have to leave all of your important decisions up to them. Instead, you can use divorce mediation to reach mutually agreeable solutions.

An alternative dispute resolution is a tool which individuals can use to solve legal issues without going to court. Mediation is just one such alternative dispute resolution, but it is incredibly useful if you and your ex are still relatively amicable as you approach divorce. Even if you are not 100 percent certain that you can reach an agreement with your ex, you may be surprised by how effective the process can be.

New Louisiana gun law aims to reduce domestic abuse

A new gun law is poised to keep domestic violence victims safer. The new Louisiana law bans those convicted of domestic abuse from owning firearms for four years in hopes the law will protect victims of violent abuse. Someone who has been convicted of the crime or who is under a protection order either can sign a court-sworn declaration that he or she doesn't own weapons or can sign a declaration in a sheriff's office that any weapons will be given to a third party or surrendered to the sheriff's office.

The convicted individual cannot purchase a firearm in those four years, either. Under this law, those convicted have 48 hours to transfer the weapons either to the sheriff or a third party. That also applies to those who have a protective order filed against them.

How can dads preserve their emotional well-being in divorce?

Louisiana dads know the divorce process can be a complex and difficult journey, both emotionally and financially. Unfortunately, fathers may find themselves with final divorce orders that feel unfair or unreasonable, or they feel emotionally destitute after everything is final. The process of ending a marriage is not easy, and it is beneficial to know how to protect your interests – legally, financially and emotionally.

When you think of divorce, you may have concerns over your bank account or how much child support you will have to pay. You may also wonder, as a father, how much time you will get with your children. In addition to these very important issues, it is in your interests to think about how to preserve your emotional and mental well-being as well.

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