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Posts tagged "Family Law"

Is it possible to enforce a postnuptial agreement?

While a prenuptial agreement is generally preferable to a postnuptial agreement in terms of the strength of the protection it offers, postnuptial agreements are useful and enforceable if they remain within the scope of what they can actually protect. Prenuptial agreements offer far greater protections, but a postnuptial agreement that is carefully researched and constructed may provide significant protections in the right circumstances.

Disadvantages of uncontested divorce

Divorce is often much more difficult than it has to be, even when both sides want something simple and straightforward, and have no desire for an expensive, protracted battle over assets and child custody issues. For many couples, a simple solution like uncontested divorce may provide the straightforward resolution they need, provided that the matters at hand are simple enough to fully take advantage of the process.

Avoid including child custody terms in prenuptial agreements

Protecting your marriage with a prenuptial agreement, also called a prenup, is one of the most important decisions you can make as you approach a new life with person you love. However, if a prenuptial agreement includes terms that do not stand up to scrutiny in court, the agreement as a whole suffers.

Protecting your parenting time with your child

As a parent who shares parenting responsibilities and privileges, you understand just how important it is to protect your parenting time. No matter what custody or visitation plan you have with your child's other parent, if the other parent obstructs the time that you have with the child, it is not only frustrating, it is potentially illegal. Parenting time interference is a serious problem that affects many parents throughout the country, many of whom do not realize that they may have legal actions they can take to protect this precious right.

You should always consider a prenuptial agreement

Too many couples forego the important protections prenuptial agreements offer, especially those who are very young or considering marriage for the first time. For many years, prenuptial agreements were primarily used by rich families to help protect family assets or children by a former spouse from losing portions of their inheritances.

Limitations in prenuptial agreements

Using a prenuptial agreement is often an excellent way to protect the interests of both spouses in a marriage, especially in Louisiana, where we are subject to community property division guidelines. However, it is important to understand that prenuptial agreements have some very clearly defined limitations that may impact the way you and your future spouse approach the process. If a prenuptial agreement contains faulty terms that do not hold up under the scrutiny of a court, then the entire agreement is vulnerable.

Why might a court terminate parental rights?

When two parents choose to split up, they must address the issues surrounding the upbringing of their child and which parent will retain primary physical and legal custody of the child. Often, this significantly restricts the rights of one parent or the other. In most cases, raising a child separately does not completely terminate the parental rights of either party, but there are certain circumstances under which these rights may terminate.

New tax bill may affect alimony negotiations

With the new tax law, a number of deductions often taken for granted are no longer valid. One of the most crucial changes for divorcing couples to understand is how the new law affects alimony and how each party must report those alimony payments come tax time. If you and your spouse face divorce in 2018, be sure that you understand how these changes affect you.

What is a closed adoption?

While closed adoptions are far less common in the United States than more traditional open adoptions, they are still a tool that some families choose to use in certain circumstances. Unlike open adoptions, in which adoptive parents and birth parents often get to know each other over time before the adoptions actually occurs and may remain in touch afterward, closed adoption seeks to keep the adoption details sealed as a whole.

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