Eric S. Neumann, APLC
Family law attorney serving clients in Lafayette and throughout Acadiana
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Lafayette Divorce Blog

Stress from divorce might transfer to your children

The stress of divorce can have an impact on everyone involved. Controlling the level of stress that you have to deal with is only manageable to a certain extent. The way you handle what you are given can be fully controlled.

As you work through the divorce, make sure that you are considering how the process is impacting your children. Helping them figure out how to handle the situation can be difficult but it can assist them in determining what methods they are going to use for similar circumstances and stressful situations in the future. Here are some points to consider:

Keeping custody of the business

Like personal property and child custody, a spouse's business may be a disputed divorce issue. Taking steps to protect the business before the wedding may help avoid its loss during property division.

The legal form of the business is important. Forming a corporation or a limited liability corporation can help protect this asset. Being incorporated before marriage provides even more protection.

Selecting the best option for concluding a divorce

Couples have more control over the legal process that governs their divorce in Louisiana. Selecting the right method can lower its stress and expense.

The most familiar process is traditional litigation where each spouse selects their own attorney who conducts most of the communications on each spouse's behalf. The couple can negotiate the terms of a settlement for review and approval by a judge.

Hurricane season can lead to an increase in divorces

When Cajuns think of hurricane season, they automatically think about watching the news for weather reports and getting things shuttered before the storm hits. What many people don't realize is that their marriage might need just as much work as the house. This is because the divorce rate in areas hit by natural disasters tends to increase for a period after the storm.

It is difficult to think that you might have to worry about divorce in a time when you are trying to rebuild and recover from considerable damage. People who are south of I-10 might really have some work to do since this is the generalized area where flood insurance premiums are higher and the chance to considerable destruction is increased.

Same-sex couples face new divorce issues

The US Supreme Court granted same-sex couples the right to marry three years ago. Like many opposite-sex couples, divorce and its associated legal and financial issues may now be inevitable. Same-sex couples ending their marriage also face some unique issues.

The time that the marriage took place is important when a same-sex couple ultimately ends their marriage. The length of a legally-recognized matter is an important consideration when a judge rules how or if a non-earning spouse receives alimony or other support.

Good divorce behavior pays off

A divorce can bring out the worst in a married couple and complicate the fair and expeditious ending of their case. Mature and ethical behavior, however, can help eliminate conflict and allow for a quicker resolution without unnecessarily upsetting their children.

A divorce should be considered as a business transaction that avoids emotional or personal disputes. Communication between the couple should take place through text messaging or email and only when needed. These messages must be short and objective. A spouse should only respond to the questions asked by their spouse and not expand their conversation. Constant discussion about the reasons for their separation can only lead to additional rancor.

Fighting for dog custody

The law has not kept up with the love and devotion that families have for their pets. In Louisiana and 47 other states, ownership of the dog or cat is decided as property division instead of custody. Couples, however, can deal with these outdated practices.

Except for Alaska and Illinois, pets are legally classified as property that can be sold like furniture or other personal property. A family court judge can decide who receives the pet while ruling on other property matters. This diminishes animal rights and does not consider the affection that spouses have for their dogs or cats.

Pre-marriage finances

Before a couple gets married, they should engage in an unromantic but important conversation about their finances and explore whether they should enter into a prenuptial agreement. These agreements help prevent some of the major causes of divorce and protect their rights during property division, if their marriage ends in a divorce.

Divorce may bring some unpleasant economic surprises. Louisiana is a community property state, where any debts or assets acquired by a spouse is community property that is divided by the couple when they end their marriage. For example, a car purchased by one spouse in that spouse's name belongs to the couple as community property.

8 divorce warning signs to watch out for this year

Have you worried for the last year or so that your marriage could end? Do you wonder if your spouse wants a divorce? People often keep themselves up at night, going over everything, trying to figure out exactly where they stand.

Every marriage is different, but there are some specific warning signs you can watch out for. Below are eight of the most common red flags.

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