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Lafayette Family Law Blog

Military divorces have a unique set of rules

In any legal matter, it is important to know the rules of the game. In the context of divorces, this includes understanding the various processes and time limits that are involved in divorce proceedings. These processes and time limits are not a universal thing, they can vary based on several factors. One such factor is what state the divorce is occurring in, as family law can differ quite a bit from state to state. Another is whether one of the parties involved in the divorce is a member of a branch of the U.S. Armed Forces.

Military families, whether they are connected to the Army, Air Force, Navy, Marines or Coast Guard, are in a very unique situation as compared to civilian families, as the military life has its own set of issues and challenges associated with it. The law recognizes this and military families have a unique set of legal procedures when it comes to a wide variety of different legal matters, including divorce.

Change in divorce law exempts wait period in cases of abuse

In our Aug. 4 blog post, we discussed how the law in Louisiana imposes a wait period before a separated couple can get divorced. As we said then, married couples with children must wait at least a full year from filing for divorce before the proceeding can be finalized.

Readers should know that a recent change in the law creates an exception for victims of domestic violence. As of Aug. 1, a person who was physically or sexually abused by their spouse has the right to get divorced immediately.

Louisiana has many different child support enforcement mechanisms

In divorces involving parents, one thing that a lot of time and energy is often put into is the reaching of an arrangement regarding child support. One of the important goals of child support arrangements is to ensure children are adequately supported financially. Of course, no matter how well-designed a child support arrangement is, it won't be able to achieve this goal if the parent who has a child support obligation stops making their payments.

One question a parent whose ex has fallen delinquent on child support payments may have is: what efforts can the state take to enforce the child support obligations?

What are the Child Support Guidelines?

As Louisiana parents know, kids can be quite expensive. Between school costs, activity costs, medical costs, general care costs and all the other various costs that can come up, the expenses can get rather big rather fast. Ensuring such costs are met can be essential in making sure a kid receives all the care they need to be healthy and happy and in a position to have a bright and successful future. Thus, coming to a fair and workable child support arrangement in a divorce can be a very important thing.

Oftentimes in a divorce, a non-custodial parent will end up being given a child support obligation. Sometimes, this obligation will come through an agreement between the custodial parent and the non-custodial parent, while other times it will come through a decision by a judge.

The separation time requirement for a Louisiana no-fault divorce

Even for a no-fault divorce, there are certain requirements that a couple needs to meet in order to be eligible for a divorce. For example, under Louisiana divorce law, married couples generally have to have lived separate and apart for a certain period of time in order to receive a no-fault divorce.

The length of this requirement varies depending on whether or not a couple has minor children. Couples with minor children generally have to have lived separate and apart for a continuous period of a minimum of 365 days, while couples without minor children generally only have to have lived separate and apart for a continuous period of at least 180 days.

When it comes to unmarried couples, how is paternity established?

There are many different things that can have impacts when it comes to child support. One is the issue of paternity. Here in Louisiana, paternity plays a major role in whether a child support obligation can be placed on a given man.

The issue of paternity can be a somewhat tricky one when it comes to unmarried couples. The automatic legal mechanisms regarding paternity for married couples don't apply for unmarried couples.

Marriage storm warning signs

When a storm is brewing near Lafayette, many people turn to TV news reports or the National Weather Service for information. It’s not quite as simple or easy to get warnings of a storm that will end a marriage, however.

But the signs are there if you know how to recognize them, according to a recent article by a therapist. 

Online world gives rise to some unique concerns when divorcing

The incredible development of the online world and the plethora of tech gadgets that are now available have changed the way we shop, spend our free time, interact with our friends and the world around us and do a great many other things. Given this, it is not too surprising that the online world gives rise to some special concerns when a person is getting a divorce. Today, we will discuss some of the online-related things individuals may want to keep in mind when in a divorce.

Older couples, divorce and retirement

Divorce isn't just something that the young do. In recent years, the number of older couples seeking divorce has gone up quite a bit, and it is expected that older-couple divorces will continue to be fairly commonplace in upcoming years.

Now, given that older couples are in a very different life stage than younger couples, it is not at all surprising that they bring in some unique concerns when going into a divorce. One of these concerns is how the divorce will impact their retirement.

Stay issued in military child custody case

Under any circumstances, child custody matters here in Louisiana can have complicated aspects. But, given the many unique things that being in military service can bring into a person's life, such as deployments, child custody matters can be particularly complex for members of the military. This can be seen in a child custody matter from another state, Michigan, that has been getting quite a bit of attention in the news.

The case involves a man who is a member of the U.S. Navy and is currently serving aboard a submarine.

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