Gregory S. Johnson, Attorney at Law
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March 2017 Archives

Is parental alienation a real thing?

Like most parents in East Baton Rouge, Livingston Parish and surrounding Louisiana regions, you occasionally lament the fact that children seem to grow up quickly. One minute, they're infants swaddled snugly in your arms, and the next minute, they're calling home from a dorm room clear across the country asking for money. Perhaps your parenting journey is still in earlier stages; yet, you already sense a fleeting passage of time. Doing your best to provide for your children and build strong, healthy relationships together probably remains one of your highest priorities.

When does a divorce settlement need modifying

Whether you have negotiated the terms of your divorce settlement through mediation or a court-appointed judge has determined factors involving property distribution, child custody, child support, parenting plans and alimony, the settlement is not always set in stone. A situation may arise where you require a modification to your divorce settlement. While not all changes may be accepted as valid reasons to enter into the modification process, there are certain instances in which a modification may be approved.

What factors determine child custody?

When you and your spouse file for divorce in Louisiana, it may be difficult to determine who receives custody of the children. It is crucial that you make decisions based upon the best interests of your children. However, there are several factors that a judge may take into consideration when determine who receives primary custody of the kids.

How property is divided in a Louisiana divorce

One of the toughest factors to negotiate in a divorce settlement is that involving the division of marital property and assets. Louisiana is a community property state, meaning that all property and assets amassed during the course of a marriage are split equally in half for each party. At Gregory S. Johnson Attorney at Law, we know that the judge presiding over the case does not taken into consideration either party’s employment, age or health when making this judgement.

What does community property mean?

Louisiana is a community property state. This means that in a divorce, assets acquired during the marriage are seen as belonging to both of you equally, according to the Louisiana State Bar Association. Assets that are not acquired during the marriage are usually not considered community property and are called separate property.

Divorcees near retirement should double check finances

For divorcing couples with growing families, child custody is often the most contentious issue of divorce. However, for aging, empty-nest couples near retirement, assets and finances are the biggest concern for the future. Coincidentally, a new study shows that men and women who consider divorce later in life are not doing enough to account for their financial needs in retirement.