Gregory S. Johnson, Attorney at Law
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May 2017 Archives

Why are grandparents' rights controversial?

When you had your children, you were in charge of saying who could be in their lives. Now that your children are grown and have children of their own, they have those rights. In some cases, they may decide that you have no rights to see your grandchildren. This has sparked debate in Louisiana and across the country on whether grandparents have natural rights to see their grandchildren or not.

Video: You don't have to fight your family legal battles alone

If you are dealing with a family legal issue like divorce or child custody disputes, chances are that this is the first time you are going through this difficult experience. Understandably, you can be confused, scared and unsure of what to expect. Thankfully, you don't have to navigate these situations alone.

What does community property mean?

If you are getting a divorce in Louisiana, you have likely heard the term “community property.” This is a term related to how your assets will be divided between you and your spouse. Only a few states, such as Texas, use the idea of community property. All other states use equitable distribution. There is a big difference between the two concepts, so you should make sure that you understand Louisiana law.

Considerations when awarding alimony in Louisiana

When couples decide to terminate their marriage in Louisiana, one spouse may be eligible to receive alimony for a certain period of time. Divorce can present a considerable financial strain on people who have become dependent on their spouses’ income during the marriage. Once the divorce is finalized, some spouses may have considerable financial difficulties when attempting to make ends meet. Alimony, or spousal support, is intended to help people get back on their feet and become independent once again.

How to tell if your former spouse is hiding property

When you file for divorce in Louisiana, you are required to include a comprehensive list of your marital property, or the property and assets that were amassed during the course of the marriage. The court-appointed judge will then take the marital property, or community property, and divide it equally in half. According to Louisiana statutes, each party is entitled to half of the community property. In some cases, spouses may try to hide marital property or assets away so that they can keep it all to themselves.

How do you know if it's time to consider divorce?

You've been unhappy for a while now in your marriage, but you have also been unsure whether you are ready for a divorce. You know divorces cost money, and even though you've just gotten some money back from your tax return, ending your marriage is a tremendous change. However, the fact is that if you have a happy one, your mind wouldn't keep coming back to the question of divorce. So how do you know whether it's time?

Under what grounds can grandparents gain custody in Louisiana?

While you may have any number of reasons for wanting to gain custody of your grandchildren in Louisiana, there are specific grounds under which you may start the process. Generally, grandparents have limited rights to their grandchildren, due in large part to a 2000 U.S. Supreme Court ruling dictating that extraordinary circumstances must be present for anyone other than a child’s parents to have decision-making power. There are, however, three situations under which you may be able to pursue custody.

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