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DECISIONS MUST BE MADE EVEN IN A CHILDLESS DIVORCE

Family law issues can be complex because they deal with many different lives. This can make it a challenge when you are trying to come up with options to handle various aspects of child custody and divorce. Instead of only having to think about yourself, you might have others to think about. Of course, if you are divorcing and don't have children, you only need to protect your own interests.

We realize that you might need some help figuring out what options you have for negotiating alimony and property division settlements. These discussions must be handled carefully so that you can ensure the choices you make are in your best interests.

Not all divorces include orders for alimony. Typically it is awarded to parties in marriages of long-standing when one of the spouses didn't work and remained at home caring for the house and/or kids. In these cases, there might be some sort of spousal support ordered to provide financial backing while the receiving spouse eases back into the workforce. We can review your case to help you learn what might be possible.

You also need to think about how property division might affect your finances. It might be difficult for you to think about money right now because you may be accustomed to having your ex's income to help pay for things. Since you don't have this any longer, you need to set up a budget based on only your income.

We realize that you might have some questions right now. We can work with you to help you learn how you can protect your interests during the divorce process.

Orion MeyersFamily Law
KNOW SOME POSSIBLE TYPES OF CONSTRUCTION DEFECTS

Construction defects are a problem that home and business owners hope they never have to deal with. These issues can make the structure they've paid so much for and spent so much time waiting on unusable. This is horrible since it devalues the project.

Some construction defects are against the contract that governs the project. This is when you have recourse that might be able to help you get things corrected. When you have an issue with a building process, your first stop needs to be that contract so you can find out what you need to do.

There are several types of defects that you need to be aware of when you are evaluating your project. Some of these defects are easier to spot than others. In fact, some might not be able to be found for months or years after the project is completed.

Some examples of construction defects include:

  • Unstable foundation that might be caused by lack of proper geological survey

  • Electrical issues that are a fire hazard

  • Water intrusion that can lead to mold, including toxic mold

  • Problems with things like the glass, doors and windows

  • Mechanical issues that make part of the home undesirable or unusable

  • Improper protection from moisture and temperatures

  • Design defects that don't take function and aesthetics into account

  • Material defects that use inferior products in the structure

In all of these cases, you need to have the problem corrected so that you have full use of the property as intended. Finding the methods to do this can be complex, especially when the contractor isn't willing to admit that they are liable for the issues.

GO OVER YOUR DIVORCE OPTIONS CAREFULLY

Family law matters can be difficult to work through because the parties have such as big investment in the matter. Learning about your options in divorce and custody cases can help you to feel more secure in the situation.

When the divorce includes child custody agreements, you need to look at each decision separately so that you can make decisions in your child's best interests. We can help you explore your options for all matters related to the divorce.

We know that hashing these issues out can be quite difficult. Some decisions have an emotional element that can make things even more challenging because the practical side of the decision might not always mesh with the emotional aspects that get triggered. Fortunately, taking a step back from the decision might help to make it a bit easier.

You will also have to divide community property to finalize your divorce. It might help if you start with the larger assets and then use smaller assets to fill in some gaps. Even the debts from the marriage have to be divided, so be sure to think about how this will impact your financial future. We can help you to go over the possibilities.

Custody matters are often the most difficult to negotiate because the decisions you make aren't about you and your ex but for and about your children. When you and your soon-to-be ex-spouse can't agree, you might find that things turn heated quickly. Mediation is a useful forum to help the two of you devise workable terms for your parenting agreement.

Orion MeyersFamily Law
THE COSTS OF DIVORCE MIGHT SHOCK YOU

Going through a divorce isn't an inexpensive journey. There are several things that you will have to pay during this process that you might not ever have to pay again. On top of those, you also have to learn how to live on one income. This complicates the matter even more.

When you decide to divorce, you will have to figure out where you are going to live. This means that you will likely have to pay rent or cover a mortgage payment on your own income. You also have to pay for the utility bills and other living expenses.

Because of the divorce, you will have to cover the legal fees that you rack up. The amount of these varies a lot based on the circumstances of the divorce. A more complex divorce might mean that you have more bills in this area.

Another consideration for you is the emotional cost of the split. You will have to take the time to work through what you are feeling. Many people who are going through a divorce mourn the end of the marriage, even if they are the one who filed. You might go through periods of sadness and anger. These will happen in between the good times. You also have to help the children adjust to the changes that are coming.

One way that you can help make the situation easier is to find out your options for the divorce. Learn about the process, and think about your options before you have to make a decision about things like property division and child custody.

Orion MeyersFamily Law
HOW WILL SPOUSAL SUPPORT AFFECT MY DIVORCE?

If you made the decision to divorce your spouse, you may be concerned about your financial future. This is especially true for spouses who earn less or are not currently employed.

An amicable split can sometimes turn argumentative once money enters the discussion, as it may have done with conversations during a marriage. What can spouses who are not the primary breadwinner expect during the divorce?

Spousal support options

Louisiana offers two types of spousal support: interim spousal support and final periodic spousal support.

Interim support is often for spouses who don’t have the necessary income to maintain their lives while finalizing the divorce. It allows both spouses to continue living as they did during the marriage as much as possible for up to six months.

Final support is for spouses who are not found at fault for the breakup. A divorce court would determine one spouse has a need for support and the other spouse has the capability to fulfill that need.

Tax changes could make negotiations rocky

Previously, divorced individuals who paid spousal support could write off those payments on their taxes, while those who received support had to include the payments as taxable income. However, as of January 1, 2019, the Tax Cuts and Jobs Act (TCJA) changed tax rules so the inverse is the case. Now, recipients can write off those payments.  

While that may seem like good news, sometimes it can cause more fighting during the divorce process. Because payments are taxable income for payers, they may try to negotiate smaller payments to protect their own financial future post-divorce.

They may also suggest alternative payment options. These options are not necessarily disadvantageous for recipients, but it may be useful to review those offers with a divorce attorney who can determine if the agreement would meet your financial needs.

Spousal support negotiations aren’t always a battle but the delicate nature of discussing money can make the process tricky. Understanding what your options are and how they can affect your divorce can help you be prepared to advocate for your financial future. 

Orion MeyersFamily Law