Louisiana Legal Blog

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.

Fourth Amendment rights for those facing drug charges

On behalf of Brett K. Duncan & Co. posted in drug charges on Thursday, May 23, 2019.

Even if a Louisiana resident has not attended law school, they may be familiar with the Fourth Amendment to the United States Constitution. The Fourth Amendment is part of the Bill of Rights, a federal document that ensures that Americans are protected from various infractions by the government. The Fourth Amendment is of interest to many criminal defendants because it concerns actions that are undertaken by law enforcement officials during stops, searches and arrests.

Pursuant to the Fourth Amendment, law enforcement officials and agents of the government may not unreasonably intrude on citizens' lives. That means that they cannot arbitrarily search individuals' homes, cars and persons without a reason. Often, law enforcement officials will secure warrants from the courts so that they may undertake searches and the seizure of property. When they do not get warrants, they must have probable cause to perform legal searches and seizures.

Problems with money can drive spouses apart and lead to divorce

On behalf of Brett K. Duncan & Co. posted in Divorce on Friday, May 10, 2019.

There is no question that living in certain areas of the country is expensive. Metropolitan areas across the nation can be so pricey that not everyone can afford to find housing and other basic necessities in their budgets. Even here in Louisiana, some people are simply priced out of living in communities with higher costs of living.

Having enough money to live one's life is important, and having a plan on how to spend and save can be imperative to the success of running a family. Because money is necessary and complex, many couples work hard to make sure they are on the same page to avoid conflicts over their partner's spending habits. When problems with money arise, major issues can develop in an otherwise happy marriage.

The legal significance of domestic abuse allegations

On behalf of Brett K. Duncan & Co. posted in Criminal Defense on Friday, April 26, 2019.

Claims of domestic abuse and violence can be based on many different alleged actions. They can allege that aggressors committed actual physical violence against their alleged victims, or they can be based on allegations of emotional harm. Threats, stalking and other alleged actions may form the basis of domestic violence claims, and when domestic violence is asserted by an alleged victim their alleged aggressor may face serious legal consequences.

Depending upon the nature of a domestic violence claim an alleged aggressor may face criminal sanctions. They could face assault charges or other serious criminal claims that could affect their rights and future. Domestic violence allegations can also have civil repercussions as well. Alleged victims of domestic violence can seek to limit their contact with their alleged aggressors and can prevent those individuals from coming to their homes, seeing their kids and being involved in their own families.

Is your child showing signs of concerning behavior?

On behalf of Brett K. Duncan & Co. on Thursday, April 25, 2019.

Before your child was even born, you likely had dreams and aspirations for him or her. Maybe you imagined your child excelling at sports or academics or landing a successful career later in life. Of course, you likely also understood that your child would make his or her own choices throughout life.

Still, you undoubtedly hoped that your child would make good choices and not get involved in any activities that could cause trouble. However, more recently, you may have had concerns about your child's behavior and whether he or she was on the road to trouble.

Why do some Louisianans choose to mediate their divorce?

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

From a very early age a child may develop a sense of autonomy that causes them to want to make decisions for themselves. They may become frustrated when grown-ups attempt to intervene and to set them on paths that they do not want to follow. When a Louisiana child is confronted with a loss of power over matters that affect their life, they may become angry and unsatisfied with their situation.

It is a sad truth that many adults have this very same experience when they go through the traditional divorce process. Courtrooms are adversarial, which means that they are built upon the premise that the two sides to the legal proceedings will fight each other to find resolutions to their problems. A courtroom also has a built in failsafe in the form of a judge, since it is not unusual for parties to civil cases to be unable to find common ground to resolve their problems.

Helping families manage the details of divorce

On behalf of Brett K. Duncan & Co. posted in Divorce on Thursday, March 28, 2019.

Marriages end every day. While some may take years to ultimately break down, others may meet their ends when unexpected events pull spouses apart. In Louisiana, residents can file for divorce to legally terminate their martial relationship.

Some divorces resolve quickly when the parties to the proceedings can agree on the decisions that they must make to untie their lives from each other. If they have a prenuptial agreement in place and can settle any unaddressed financial issues, then their divorce may move forward without complications. Divorces that involve children can be much more complex as matters related to child custody and visitation must be handled with consideration and care.

Helping Louisiana Families Face Legal Problems