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Destrehan Criminal And Family Law Blog

What does shoplifting encompass in Louisiana?

Shoplifting is a major problem for many retailers, but it is one that they might not address by chasing after the person they believe is stealing. They are concerned about the possibility of facing legal action if they chase someone who actually wasn't shoplifting. This doesn't mean that people are free to take what they want.

It is possible that even if someone who took something is able to leave with it that they will face legal issues later. Many stores have security cameras that capture footage police can use to try to find shoplifters. Other security options are also in place at many stores. All of this can be used to further the prosecutor's case if someone is apprehended and charged.

Protecting your parenting time rights after divorce

The months and years following two parents' divorce may not be an easy transition for both the parents and the children involved. Even when parents try to respect each other's rights and boundaries, learning how to share parenting responsibilities and privileges is rarely easy or pain-free.

During this transition time and in the months and years that follow, it is wise to understand when frustrating behavior by one parent or another becomes bad behavior that violates the rights of the other parent. Some parents seem to believe that their custody orders and parenting plans are simply suggestions, rather than legally binding documents.

Community property may impact divorce for business owners

Couples who divorce in Louisiana must divide their marital property equally, rather than equitably, according to our community property laws. For business owners, this can cause significant concerns.

When one spouse in a couple owns a business, that business may count as marital property, depending on the involvement of the other spouse in the business and any protections that the owning spouse has in place. Without a clear divorce strategy, a divorcing owner may also lose the business, or it may suffer serious setbacks.

These 3 tips can make your divorce a little easier

You don't want your divorce to be challenging, but despite your best efforts, it certainly is. You and your soon-to-be ex-spouse do not get along, and it's a big problem. It seems like you can't go a day without fighting, and you don't even live together any longer.

At this point, it may be a good time to look into common tips that can make your divorce more peaceful. Although a divorce can be a painful time in your life, there are steps you can take to make it as easy as possible.

How do the Louisiana courts handle your precious pets in divorce?

Families have a way of growing unexpectedly. Between children and pets, you and your spouse may soon find yourselves responsible for a number of lives. Whether you adopted fur babies because you chose to remain childless or augmented your already full family with dogs and cats, the companion animals in your life hold an important place in your heart and in the hearts of any children you share with your spouse.

As you consider a divorce in Louisiana, you may worry about splitting your assets and the custody of your children. Although it may seem to you that pets fall into some strange legal gray area between possessions and people, that is not how the family courts in Louisiana look at animals.

Is your prenuptial agreement as sturdy as you think it is?

When divorce comes knocking, having a prenuptial agreement can make the entire process much simpler and less contentious. That is, as long as the agreement holds up to scrutiny by each spouse and the court handling the divorce. Many prenuptial agreements contain errors or weaknesses that a spouse may contest or a court may not uphold.

Before you use your prenuptial agreement, it is a good idea to review it carefully to identify weaknesses. Unfortunately, spouses must finalize and sign prenuptial agreements before their marriage, meaning you may need to plan your divorce strategy to include any weaknesses you find. It is rarely good for a prenuptial agreement to hold surprises when it comes time for divorce.

With the holiday season comes increased DUI enforcement

With Thanksgiving already over and both Christmas, Hanukkah and New Year's Eve looming in the near future, the holiday season is officially underway. Many people look forward to family gatherings, as well as time off of work, traditional meals, gift exchanges and parties. Unfortunately, quite a few people involve large amounts of alcohol in their winter holiday celebrations.

From overindulging in champagne on New Year's Eve before the ball drop to getting drunk at the Christmas table to better tolerate your uncle's obnoxious political ramblings, there are many reasons why people drink around the holidays.

Enforcing your parenting time rights

One of the most difficult things about coparenting a child after divorce or separation is respecting the other parent's rights to time with the child while keeping your own parenting rights secure. If you have a custody order, it outlines how you and your child's other parent agree to share parenting time and responsibilities, and courts expect parents to obey this order, not take it as a suggestion.

Unfortunately, many parents seem to think that their time with their child is more important than the other parent's time, or that they simply do not have to obey their custody order if it is inconvenient. Violating another parent's rights can lead to loss of parenting privileges, mandatory make-up days for missed parenting time, and even criminal charges in extreme cases. If you believe that your child's other parent violated your parenting time rights, you may have legal tools you can use to protect your rights and your relationship with the child you love.

The hazy link between addiction and impaired driving

There is a fine line between enjoying alcohol and becoming dependent on it. You could drink day after day or even binge drink at a party without really having any kind of addiction or dependency issue. For other people, they can go weeks without drinking and still fall right back into an unhealthy routine the first time alcohol touches their lips.

Given how ubiquitous alcohol is in modern American culture, many people underestimate the severity of their issue, in part because they often have an excuse for their alcohol consumption. They were just going out with their co-workers or attending a mandatory holiday party. For many people, it is only when confronted with serious consequences for their behavior that they start to question whether their relationship with alcohol is, in fact, healthy.

3 steps to take when preparing for divorce

Divorce can be a complicated and challenging time for a family. There is an emotional toll it can take on both spouses, their children, extended family and close friends, and there are also significant financial considerations involved in ending a marriage.

Since the outcome will shape the future of everyone involved, it’s essential for both parties to prepare before filing for divorce. That means doing your homework upfront to know where both parties stand financially.


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