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June 2018 Archives

Divorce when both parties already know what they want to do

You and your spouse have had a good run, but you have drifted apart and have decided that ending the marriage would be better for everyone. You know you do not want to fight things out in court. In fact, you have already decided how you want to split your property and divide time with your children. When you have everything pretty much worked out, do you have to go through the traditional divorce process?

What are Louisiana's domestic violence arrest laws?

Domestic violence is a very difficult situation for those involved and for law enforcement in Louisiana. According to the American Bar Association, some states have a policy where law enforcement is required to arrest everyone involved and figure out later who is the aggressor. This means that in some states, you could go to jail even if you are the victim. The idea is to defuse the situation and then let attorneys and judges do the legal legwork to figure out who is in the wrong.

What is classified as separate property in a divorce?

If you are getting a divorce in Louisiana, you will eventually come to the part where property is divided. This can often be a difficult process, especially if you and your spouse cannot come to an agreement easily about how property should be divided. If the court steps in, it will look at both private and marital property to make its determinations. If you have separate property, you can protect it and ensure it stays under your control, but you need to know what is classified as separate property to do this.

How asset participation can affect separate property

Louisiana's status as a community property state means it is important for couples to understand what is and what is not considered marital property, as such property will be divided among the two spouses in the event of a divorce. Sometimes the distinction between separate and marital property is not clear because some separate property may actually contain value that could be considered marital property. This is where asset appreciation comes in.   

Making your divorce wish list

If you were to bring a divorce case to the offices of Gregory S. Johnson, Attorney at Law, you might not know what to expect from the process. You might be unsure about the future. You might feel a mix of powerful emotions towards your partner. Start by preparing yourself for success: generally speaking, individuals who get the best possible results during a divorce are those who think positively. That does not mean you have to look on the bright side of your situation. For many people pursuing a divorce in Louisiana, there is not much to be cheerful about regarding the process.

Can I refuse visitations for unpaid child support?

When you get divorced and have children, you will end up dealing with child support and custody issues. This is a natural part of the process. While the court initially sets up agreements between you and your spouse, the administration of those agreements may not fall to the court. The court will still manage custody matters, including visitation, but it is the Louisiana Department of Children and Family Services that handles child support. As explained by Very Well Family, child support and visitation are two different matters. One does not affect the other, so you cannot stop visitation rights because child support is not paid.

Does your divorce plan include post-divorce financial security?

If you are eager to divorce your partner in Baton Rouge, you might want to hold off on the celebration. The way you handle your separation now can determine how financially secure you are afterward. While there is nothing wrong with you being emotional, you have a lot of decisions to make moving forward, and you need to have a clear head to make them. Now that your relationship is done, put your feelings away. You will fare better if you treat the situation as a business matter. 

2 tips for dealing with a high-conflict spouse

Not everyone in Baton Rouge who decides to divorce their partners are on good terms with them. In some divorce situations, one of the first things to go is civility. Malignant divorces usually end up as hostile confrontations instead of negotiations, states If you are thinking of filing for divorce and your ex-partner is confrontational, ill-mannered, abusive or downright unpleasant, you might be in for the fight of your life. According to Psychology Today, it is not uncommon for one spouse to cause most of the divorce conflict

What are some financial concerns I should have about divorce?

Many Baton Rouge couples do not realize how much of a role their finances play before, during and after their divorces. There are so many things happening at the same time in your mind and daily life that you might find it hard to keep track of all your financial matters when negotiating the divorce settlement.