Brett K. Duncan & Co.
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Hammond Legal Blog

Emancipation is possible when minors want freedom

Entering the court while seeking emancipation is a serious situation. It's a process by which the court grants you the right to live as an adult despite the fact that you're a minor. There are cases in which an emancipation is necessary or appropriate. To receive an emancipation, you'll have to prove that your case is one of those situations.

There are requirements to meet before you can be emancipated. For example, you'll need to show that it's in your best interests not to be legally bound to your parents or guardians. Additionally, you need to be old enough to file the claim. In California, it's 14 years old, while in Alabama, you have to wait until you're 18. Every state is different. Louisiana's rules state that you must be 16 to be emancipated by judicial consent or 15 by parental consent.

How do you tell a young school-age child about your divorce?

When you plan to get a divorce, it can be hard to figure out how to tell your child. It's particularly difficult when your child is old enough to understand that you're separating from his or her father or mother but not really old enough to understand the nuances of a divorce.

Between the ages of 5 and 8, your child will understand that a divorce means big changes. School-aged children may have already heard about their friends coming from divorced families and have an idea of what a divorce is. Don't be surprised if your child has preconceptions about divorce that surprise you.

Thinking of nesting after divorce? This might help you decide

When you told your children you were getting divorced, you may have heard simultaneous mixed reactions. Even if your kids had an inkling ahead of time that all was not well in your marriage, they may have been taken aback as they considered the impact your divorce would have on their lives. That's only natural and many Florida parents find they need third party support to help their children adapt to new lifestyles when they sever their marital ties.

Like most parents, you no doubt want what's best for your children and you probably realize that you may be in for a challenge (or two, or more) with regard to developing a new parenting plan and child custody arrangement that will help your children continue to thrive. You also undoubtedly understand that what works for one family may not be what's best for your own; therefore, it often helps to consider all options before determining which path to take.

Child custody in Louisiana: A child's best interests come first

As a parent, your priority in life is your child. You want to know that your child is always taken care of and that he or she is protected. Louisiana's state laws are there to help you protect your little one.

When it comes to custody arrangements, there are specific laws that protect you and your child. One of those is the Uniform Child Custody Act.

Get the help you need to keep your divorce civil

Divorce is, even in the best of circumstances, a complicated matter. Spouses have to discuss many personal aspects of their lives before attorneys and judges. Most divorces include some form of a grief process. Even in relatively amicable divorces, the loss of a marriage you thought would last forever can weigh heavily on the entire experience.

The good news is that your divorce doesn't have to be spiteful, even if it is sad. Each couple responds differently to divorce. Some accept that they are simply not the same people they both married, and ending the marriage is the best option. Other divorces feel like surviving a car accident over and over again. It can be very difficult to separate the legal aspects of divorce from the emotional ones.

Court strikes down Louisiana's anti-immigrant marriage law

In January 2016, a law went into effect in Louisiana that required a birth certificate from foreign-born residents before they could get a marriage license. While people who were born in the U.S. could get a judge's waiver if they couldn't get a birth certificate, those people who were born in another country were not given the same option.

Earlier this month, a federal district court ruled that the law was unconstitutional. The law adversely affected one specific group of the state's population: refugees. There is a large section of the state's population that are refugees from Vietnam and Laos, having fled during the Vietnam War. Many have received their citizenship, but have never received birth certificates.

5 baby steps to take after your divorce toward the new you

It's over! You finally have that piece of paper returning you to the status of a single person.

Suddenly, you may find out that there's a big hole in your life. Whether your divorce went easily or badly, it took up a lot of your time and attention, so you probably haven't had much time to adjust to the idea of being single.

Our shared goal of easing kids through divorce and child custody

If you are reading this because you are divorcing with children in the Hammond area of Louisiana, then you probably share an important goal with us. In fact, it could be argued that our shared goal is one of the most important goals a person could have. What is this goal? It is helping your children adjust to a new lifestyle after divorce.

You likely already know how hard divorce has been on you personally. Now, imagine how your kids must be feeling. There are many elements of divorce that children cannot understand. This could leave them feeling frightened and confused. Child custody matters in particular can feel overwhelming to children of all ages.

Will you snuff out romance if you sign a prenuptial agreement?

Do you think it's unromantic to talk about divorce, even before you tie the knot? Some Louisiana residents would say so. However, many people whose marriages ended in court years beyond their wedding day celebrations were thankful they had signed prenuptial agreements when the time came to divorce. How do you know if signing a premarital contract is right for you?

There are several things to consider when determining how best to protect your assets and plan for the unexpected as you enter married life. One important consideration is whether you wish to maintain separate ownership of any financial property, business interests or other personal assets during your marriage.


Brett K. Duncan & Co.
500 E. Morris Avenue
Hammond, LA 70403

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