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Destrehan Criminal And Family Law Blog

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.

Louisiana child support ABCs

Experts in family law sometimes find themselves hammering home the message repeatedly. Although one or both spouses feel the system isn’t treating them fairly, the stubborn fact is family law courts try to focus on the child’s best interests. Everything else is supposed to come second.

When it comes to child support, Louisiana sees both parents as responsible for the child’s chances for a great future. It helps to keep that principle in mind while reviewing the basics of Louisiana’s approach to a child’s material wellness after parents separate.

Who gets custody of the debt in a Louisiana divorce?

Louisiana is what’s commonly called a “community property” state meaning that you and your spouse own half of everything, whether it’s assets like cash and houses or it’s debt like credit card balances and student loans.

As usual with legal questions, there are certain exceptions and a few things you can do improve your prospects if you know the law or a good attorney.

What is the difference between contested and uncontested divorce?

If you and your spouse are in the midst of a complicated divorce in which you cannot agree, you may be headed towards a contested divorce. A contested divorce is often more expensive and complicated than an uncontested divorce. In an uncontested divorce, the spouses come to an agreement and do not need a court determination on any aspect of their divorce.

When is uncontested divorce an option?

Organized retail crime continues to grow

An inexperienced shoplifter will often show signs of their intent. A few examples include: hovering and loitering in and around the outside of the store, keeping an eye on a cashier or sales clerk, abnormal nervousness and baggy clothes that don’t fit the season.

What if the shoplifters are professionals? In most cases, professional thieves tend to work in groups, hence, organized retail crime. Sometimes a member of the group will display the same poor tactics mentioned above, but more members equals more customers to watch, and often one will slip through the cracks.

What counts as community property?

During divorce, each spouse usually has a few possessions he or she feels strongly about keeping after the divorce. For some people this might be the marital house. For others, it may be a vehicle or a retirement asset. However, the way property gets divided in divorce can be complicated.

Before your divorce can be finalized, the community property that you and your spouse share must be divided. Usually, community property is divided equally because both spouses are considered equal owners of community property. However, separate property does not get divided. Instead, it usually stays with the spouse who owns it.


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