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Baton Rouge Family Law Blog

Divorce, credit cards, and debt, Oh my!

The old folk wisdom is that there is nothing inevitable except death and taxes. In the contemporary U.S., however, you would probably have to add debt to that list. Most people have credit cards and many run up substantial debts on them. So the issue arises, in the event of a divorce, is a person liable for their ex-spouse's credit card debt?

In some instances, one spouse may have run up the balances on a credit card, with interest and even penalties rapidly accruing. Sometimes, they have hidden the arriving bills from their spouse, who only discover the existence of the large debt when a divorce is in process.

Divorcing couples should discuss children's college funds

When a couple is getting a divorce, there are a myriad of things to discuss and decide, ranging from where each is going to live to a whole host of financial issues such as spousal maintenance, child support, responsibility for existing debts, tax issues and property division. One issue that all too often seems to be neglected is planning for their minor children's college future.

Even if, as a couple, they previously established a college saving account for each child, maintaining and managing it, and seeing to it that it grows, this will take some commitment and communication going forward. The best way to approach it is to discuss the entire question during the process of settlement negotiations.

Dealing with debt and divorce

In addition to dividing up assets during a divorce, spouses need to untangle the web of debt that they incurred together. When both names are on a credit card or other form of loan, then both spouses generally share liability. But, what if a credit card is in just one spouse’s name? Or what if the spouse owns a business and the credit cards have been issued to that business? These are the type of complex issues that can arise during the divorce process.

A lot of the outcome hinges on where you live. Louisiana is considered a community property state, which means if debt (or assets, for that matter) is accumulated by one individual during the marriage, the other spouse is generally on the hook for it.

Moves that can make divorce a little less emotional

Most men and women are hit with a range of negative emotions during the course of a divorce. The only way to avoid compounding these feelings is by avoiding common mistakes spouses commit during this life-changing event.

Even if a divorce appears to be a mutual decision between spouses, the two sides should avoid trying to be best friends with each other. Obviously the relationship is frayed; otherwise a divorce wouldn't be necessary. If spouses try to be buddies with each other, either one spouse or both spouses will end up suffering additional heartbreak.

Advantages of filing for divorce first

Not all spouses can see the writing on the wall when it comes to the dissolution of marriage. For some spouses, they are completely surprised when their partner comes to them requesting a divorce. For others, the decision is more amicable and a long time coming.

Not only are those that are blindsided by divorce more emotionally traumatized, but the spouse that files for divorce first, in most respects, has the upper hand.

Divorces booming with Baby Boomers

Even as overall divorce rates in the United States have dipped ever so slightly, divorces among older individuals have doubled over the last two decades. This is according to a study by Bowling Green State University, which also showed that one in every four individuals that divorced in 2009 were over the age of 50. In 1990, this mark was only one in every 10.

The study was backed up by one family law practitioner, who said she has noticed a clear rise in divorce among spouses that have been together upward to 40 years. They have been dubbed "gray divorces" and they are a reality of today's family law landscape.

Starting a new financial life after divorce

The end of a divorce presents men and women with a fresh start not only in their love lives, but also financially. Depending how ugly the divorce was, a former husband and wife might be starting on either solid financial ground, or shaky.

Lengthy, contentious divorce cases can leave former spouses trying to regroup financially after doling out a lot of their money and assets during the divorce.

Dealing with child support evaders in Ouachita

Ouachita Parish is certainly not immune from noncustodial parents who try to skirt, or simply cannot make, their child support payments.

A recent media report stated that Ouachita Parish alone has 2,000 individuals who have been labeled child support evaders. Of those evaders, 600 of them owe $10,000 or more. Above that, 112 parents owe more than $25,000 and 21 owe $50,000 or more.

Tackling tax time with divorce

Louisiana residents that have not filed their income taxes yet will have to very soon. Taxes can be complicated for a married couple. However, for individuals who have recently divorced, or are in the process of divorcing, tax time can lend an even bigger headache.

There are a few very basic rules of thumb divorced or divorcing couples can employ to help reduce their tax bill come April.

Craigslist adoptions gain popularity

Our society is becoming more tech-savvy in almost all areas. Instead of using the local newspaper to post classified ads, many people choose to use Craigslist, an online marketplace that allows people to trade and purchase services. An increasing number of birth mothers are choosing to use the service to facilitate their adoptions, a controversial decision that has been hotly debated.

Craigslist admittedly caters to a younger set. If a teenaged mother is looking for adoption options, she is more likely to consult the Internet rather than other local print publications. Craigslist is advantageous because it is accessible to everyone and easy to use.

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