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Baton Rouge Family Law Log

What are the signs a partner may be abusive?

It is common for people to want to avoid abusive relationships. However, it can often be difficult to spot an abuser before getting into the relationship because they tend to hide their true nature quite well. Despite that, there are some things that you can do to help protect yourself from getting into such a situation in the first place. It takes observing the person, especially early in the relationship when abusive is less likely to occur.

According to WEAVE, some early signs a partner may be abusive include being overly jealous and wanting to move the relationship very quickly. For example, your partner may want to get serious fast and want to move in before you feel you are ready. You may also notice extreme mood swings. He or she may be happy one moment and incredibly angry the next for no obvious reason. Being overly sensitive is another common sign. It is also common for an abusive person to have very strong ideas about gender roles. For example, if you are a woman, your partner may want you to stop working and stay at home. This may also lead to isolating you from others, including friends and family. You may also realize that he or she never takes blame for his or her own actions or is always blaming others for how he or she acts.

What can you do if parenting time interference is an issue?

Many Louisiana parents have serious concerns about how their divorce will impact their kids. While the end of your marriage will affect your kids, it is possible to provide continuity of lifestyle and other types of support in order to mitigate the negative effects on the youngest members of the family. It is also beneficial to allow the child to have enough time with both parents.

You understand the importance of allowing your child to maintain a strong relationship with the other parent, but the other parent may not feel the same way. In some cases, he or she may even attempt to undermine your role in your child's life and your relationship with him or her. This may be parenting time interference, and you do not have to stand for it.

What are the grounds for divorce?

When you file for divorce in Louisiana, you need to specify the grounds. This is the reason why you are filing for divorce. There are three options in this state. According to the Louisiana State Bar Association,  the grounds for divorce include adultery, living separately and a felony conviction of one of the spouses. Each has its own stipulations. You will notice that irreconcilable differences, which is a common ground in other states, is not allowed in Louisiana.

Using adultery as the grounds for your divorce requires that you prove it occurred. You must provide the court with evidence that your spouse had an affair. You do not have to wait any amount of time to file using this reason.

Who gets the pets in a divorce?

The family pet is yet another issue in a divorce that many couples may not think about until the process is underway. Pets are generally thought of as property. They are considered the same as a car or an antique dresser. In Louisiana, the courts follow general property rules when determining pet custody, according to The Advocate.

The court will look at the facts of ownership when determining who gets a pet. For example, if you owned the dog before you were married, then it is your dog and you will get it in the divorce. However, there are also situations where you may not get the dog even if you bought it, such as if you bought it for your spouse as an intended gift.

Is common law marriage recognized in Louisiana?

If you live for someone for many years as a couple, it is pretty much like you are married. After all, marriage is just a piece of paper, right? That is not entirely true, especially in Louisiana. According to KPLC, common law marriage, which is recognized in many states, is not legally recognized in this state. Common law marriage in states where it is recognized usually requires meeting stipulations, such as presenting yourselves as a married couple in public.

However, in Louisiana, the only type of marriage recognized is one that has been entered into via a civil contract. This basically means that you have a marriage license and have vowed to be each other's spouses in front of witnesses. The only time a common law marriage may be recognized in this state is if you have moved here from a state where your common law marriage was recognized. The court may rule that your marriage is legally valid. This usually involves going to court and producing witnesses on your behalf who can say your relationship is valid.

Can a single person adopt?

When a child is orphaned or otherwise put into the foster care system and ready to be adopted, the state of Louisiana becomes his or her legal guardian. This makes the state responsible for the child's well-being. It is not something that is taken lightly. When you want to adopt a child, there are certain criteria you must meet. These criteria are solely meant to protect the child and ensure he or she goes to a home that will look out for his or her best interests and provide a loving environment.

It is commonly believed that only couples can adopt, but that is not true. According to the Department of Children and Family Services, you can be a single adoptive parent. However, there are other requirements that you must meet.

What is required to relocate with your child after a divorce?

Sharing parenting duties of a child after a divorce is often a difficult thing to get used to. If you were granted custody of your child by a Louisiana court, then that means you have the legal right to make decisions for that child. It also means your child probably lives with you most of the time. As can happen, there may come a time when you need to move. Since you are under court orders in regards to the custody of your child, it is important to understand the rules pertaining to relocation.

According to the 21st Judicial District Court, it is a violation of the custody order to relocate with your child without meeting specific requirements. You must let your child's other parent know about the move. You also must have written consent from your ex-spouse or approval from the court before you can move. It does not matter if you have full custody. You must still follow these rules or you could face punishment from the court.

Can divorce be good for the kids?

While it is commonly believed that Louisiana divorce is very harmful to children, there may be some situations where it is actually a good thing. Ideally, you probably want to give your children a home with two parents. However, sometimes the trade off to make that happen creates a destructive environment where a separation would be much better. The Huffington Post explains that children need a peaceful home environment, which may only be possible through a divorce.

Consider if you and your spouse fight all the time. That fighting takes a toll on your child. Your child just wants you to be happy. Furthermore, it can create nervousness and make the child unsure of how to react when you fight. If fights turn physical, this can be even more damaging to a child. It would be far better for you and your spouse to split up so your child is not forced to stay in a hostile environment.

Hidden assets may require work to locate

Among the many concerns for divorcing spouses in Louisiana is ensuring their division of assets allows them to enter their post-divorce life with some financial security. While it may not be possible to maintain the same standard of life one was accustomed to in the marriage, the goal is to avoid a situation where one or both spouses are struggling to make ends meet.

In order to have the best chances for this financial security, it is important that all marital assets are on the table during property division. If you and your spouse have kept your finances separate throughout your marriage, or if you have allowed your spouse control over the family budget, you may have difficulty knowing if your spouse is being completely forthcoming about his or her wealth.

What causes domestic violence?

While there is no way to know what exactly causes domestic violence in Louisiana, there are ways to help avoid it. If you understand more about why it happens and look into the warning signs, you could save yourself or someone you love from getting into an abuse situation.

According to MedicineNet, some of the risk factors that may lead to domestic violence include being abused as a child, substance abuse, poverty, attitudes that women are inferior and a lack of education. This does not mean that a person who has one or more of these risk factors will be abusive. Studies just indicate that a person would be more likely to be abusive if he or she has these risk factors.

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