Louisiana Legal Blog

How can you achieve an out-of-court divorce?

On behalf of Brett K. Duncan & Co. posted in out-of-court divorce on Wednesday, September 11, 2019.

The end of a marriage signifies the end of one chapter in life and the beginning of a new one. While some divorcing couples are able to move on quickly, others find it more challenges, as they are faced with difficult divorce issues. However, for those couples in Louisiana and elsewhere that are able to amicably move through the dissolution process, it may be beneficial to consider their options when it comes to avoiding litigation and keeping costs down.

How can you achieve an out-of-court divorce? While some divorcing couples require court to finalize their divorce, this is not always necessary. In fact, a divorce could be resolved through an informal negotiation process. This is usually completed with the assistance of attorneys, and the spouses could use an alternative dispute resolution or ADR process to reach a voluntary settlement.

Dukes of Hazzard star's divorce finalized after five years

On behalf of Brett K. Duncan & Co. posted in Divorce on Thursday, August 29, 2019.

When celebrities go through the divorce process, having the emotional process publicized allows all of us to realize that they are just like anyone else. Although they may have more assets and property to sort through, the process still requires the couple to make decisions regarding property division, alimony, child custody and child support.

According to recent reports, the divorce between "Dukes of Hazzard" star John Schneider and Elvira Schneider has finally come to end after nearly five years. Elvira filed for divorce back in December of 2014 and, since that filing, John had to spend three days in jail for failing to pay temporary spousal support. Furthermore, the judge found that John sold one of their properties located in Louisiana without splitting the profits. It was also discovered that he apparently drained one of the couple's IRA accounts.

Is your minor facing an alcohol possession charge?

On behalf of Brett K. Duncan & Co. on Friday, August 16, 2019.

You want what is best for your kids, but what they think that is and what you believe it is are often very different things. Everyone makes mistakes; that is how people learn and grow. Unfortunately, sometimes, children make mistakes that can hurt them in ways that they never imagined. For instance, if you have a minor who is facing an alcohol possession charge, he or she may not realize how a conviction can affect them now and down the line.

Louisiana, like all other states, has strict laws regarding youth and their consumption of alcohol. It is bad for their growing bodies, and it causes them to make poor decisions, which may result in harm to themselves and others. According to Minor in Possession laws, what may happen to a child found guilty of possessing alcohol?

What are common criminal defense strategies?

On behalf of Brett K. Duncan & Co. posted in Criminal Defense on Wednesday, August 14, 2019.

Facing criminal allegations can be a difficult predicament for individuals in Louisiana and elsewhere. If it is a person's first run-in with the law, it can be a very confusing and overwhelming experience. And, for those with a criminal background, facing charges could mean facing harsher penalties if a conviction occurs. Not matter the situation, it is important to explore defense options.

What are common criminal defense strategies? While there is no one-size-fits-all defense plan, there are some more common and favorable options for those accused of a crime. This can be broken down into two categories, which includes telling the truth and asserting denials, and admissions of guilt.

Property division laws in the state of Louisiana

On behalf of Brett K. Duncan & Co. posted in Divorce on Friday, August 2, 2019.

Much like couples in Louisiana and elsewhere get married for a wide variety of reasons, there are a variety of reasons to end a marriage. However, no matter the cause for divorce, spouses will have to go through the process of ending their union. This also means addressing marital property and splitting it accordingly.

Property division is often a contentious divorce issue. It is not always clear and straightforward that certain property is marital or separate. Thus, divorcing spouses may need to prove that certain assets or property are in fact separate property and not subject to the property division process.

Helping you assert a strong defense against drug charges

On behalf of Brett K. Duncan & Co. posted in drug charges on Thursday, July 18, 2019.

In Louisiana and elsewhere, individuals could face drug charges for a wide range of reasons. This can be an extremely overwhelming situation, as many drug crimes carry with them serious penalties that could follow a person for the rest of their life. It is imperative to explore defense options. This not only helps challenge the charges, but could help reduce and even eliminate the criminal consequences a person could face.

At our law firm, we understand the importance of a strong defense. No matter what caused one of our clients to face criminal allegations, our law firm is dedicated to helping individuals in the pursuit to fight the charges and explore all relevant legal strategies.

What is considered when someone requests alimony in a divorce?

On behalf of Brett K. Duncan & Co. posted in Divorce on Friday, July 5, 2019.

A marriage requires a careful balance of needs and responsibilities between the parties. Different couples throughout Louisiana may settle on different distributions of duties and chores between the spouses to find the equilibrium that lets their relationships thrive. For some, having one partner work outside of the home for income while the other works in the home on domestic responsibilities can work to ensure that all financial, social and personal duties are met.

When a couple that uses this balance of tasks divorces, however, the partner who did not work outside of the home may find that they have little to no income on which to survive once their marriage is over. Their contributions to their marriage and family were not without consequence: individuals in this situation often give up their careers and decrease their earning power when they take themselves out of the workforce to accomplish at-home work.

A mediator's role in an out-of-court divorce

On behalf of Brett K. Duncan & Co. posted in out-of-court divorce on Thursday, June 20, 2019.

Louisiana residents may not believe that divorces can be achieved without conflict. Since happy marriages generally do not end, it may seem obvious that conflict and strife are a natural part of marital breakdowns. However, for some couples, peace during the divorce process is possible. Those who choose to mediate their divorce with the help of knowledgeable mediators may find both satisfaction and closure from the legal proceedings that dissolve their marriage.

In review, a mediated divorce happens outside of a courtroom and gives the parties to the divorce the opportunity to establish their own divorce-related agreements. They may collaboratively settle child custody matters, alimony and property division issues, and other important divorce considerations. Their mediator does not represent them, however. The mediator is present to serve in a neutral capacity.

DUI 'per se' laws and your rights

On behalf of Brett K. Duncan & Co. on Tuesday, June 18, 2019.

Whether officers pulled you over because of your erratic driving or for an unrelated reason, you may have been shocked when police asked you to step out of the car and submit to field sobriety tests. These tests include walking a straight line, standing on one foot and allowing the officer to check the involuntary jerking in your eyes.

If you know your rights, you may have politely refused to take these tests or to blow into the portable breath test that gives a preliminary measure of your blood alcohol concentration. Many in Louisiana believe that they can avoid a DUI conviction if they do not provide this evidence for police. However, if you are still facing DUI charges, it may have something to do with Louisiana's per se laws.

What is the purpose of legal custody of a child in Louisiana?

On behalf of Brett K. Duncan & Co. posted in child custody & visitation on Thursday, June 6, 2019.

Raising a child is hard work, and doing so when the child's parents are no longer in a relationship can make a difficult situation even tougher. When parents in Louisiana choose to divorce or decide to end their non-marital relationships, they must make important decisions about how they will share in the raising of their kids. If they cannot work out their own child custody and visitation matters, they may need to appear in court to have a judge decide for them.

While physical custody refers to where a child will live, legal custody refers to how decisions about the child's welfare will be made. A parent who has legal custody of their child may or may not also have physical custody; in some cases, a parent may not be able to provide their child with day-to-day support but may have a valuable voice in making choices about how to provide for the needs of their child.

Helping Louisiana Families Face Legal Problems