Brett K. Duncan & Co.
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Posts tagged "Family Law"

Domestic partnerships: Similar, but not the same as, marriages

If you've heard of a domestic partnership, you may know that it means that a couple is living together, but beyond that aren't sure what legal protections it entails. A domestic partnership is a relationship between two people living together. They are not married, but they do obtain rights such as survivorship, hospital visitation and more.

Child custody interference is a violation of law in Louisiana

One of the things that parents sometimes run into with child custody orders is an ex-spouse who interferes with the orders. For example, one parent may regularly say that he or she is sick or that the kids are sick, so they don't have to drop them off on time. Another example would be refusing to send a child home or refusing the child's requests to call the other parent if the court order and parenting arrangement allowed it.

How can you decide on custody time?

It's not always easy to determine who should have custody of a child after a divorce, but there is a checklist you can go over that could give you an idea of how much time each parent currently spends with a child and how that should work out following the divorce.

A contract helps you protect your finances while cohabiting

You and your boyfriend or girlfriend want to move in together. You've decided that you want to move forward in your relationship, but you don't want to get married yet. Living together is a good first step toward the life you want together, but only if you take steps to protect yourself.

Is Louisiana a difficult state for married couples to live in?

If you're living in Louisiana and thinking about getting a divorce, you're not alone. In fact, this state has one of the highest divorce rates in the entire country. Louisiana came fourth after collecting data about divorces in each state. According to the 2016 data, 20.8 couples out of every 1,000 ended up divorcing that year. The only states with higher divorce rates were Arkansas, Idaho and Nevada, which had 23.4, 21.9 and 21.3 couples divorcing per 1,000 respectively.

Is Louisiana a community property state?

If you've decided that you want to get a divorce from your spouse, you need to understand Louisiana's property laws. The division of your property is an important step in your divorce, but if you don't consider your property carefully, you could find yourself in a difficult position later.

Losing relationships: The impact of divorce on family

After a divorce, you sometimes lose more than just your spouse. When you were married, you had relationships with your spouse's parents, siblings, friends and others. When you go through a separation, those relationships could come to an end.

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.

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.

Dating partners now under widened domestic abuse law in Louisiana

Louisiana Rep. Helena Moreno (D-New Orleans) proposed a few changes to the state's domestic abuse laws. Should House Bill 223 be signed into law by Gov. John Bel Edwards, the crimes of aggravated assault on a dating partner and battery of a dating partner will be created.

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

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