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Baton Rouge Louisiana Legal Blog

Construction law: Effective arbitration clauses for your contract

Arbitration is not just a good alternative to traditional litigation in construction law disputes; it is often a mandatory requirement in Louisiana. Many business owners involved in building a new office or headquarters do not plan for an arbitrated solution. As such, they may not have an arbitration clause in their construction contracts. These clauses are essential for both sides in a construction law dispute.

Those who have not yet experienced a contract or other commercial dispute have time to add arbitration clauses to their contracts. In the interests of helping business owners in the Baton Rouge area, the following section contains several examples of effective arbitration clauses.

  • Who can arbitrate: This clause decides if one party or both parties get to determine if arbitration is necessary.
  • When to arbitrate: Without a clause detailing when arbitration should occur (as close to the time of dispute as possible), wronged parties might have to wait until the completion of the project to seek a solution.
  • How to arbitrate: Adding this clause to your construction contract allows you or the other parties to choose a forum for arbitration. Examples of such forums include the American Arbitration Association and the Judicial Arbitration and Mediation Service. The right forum might make a difference in the outcome of your arbitration attempts.
  • If a court can review the arbitration: Adding an option for a court review can ensure that the results of arbitration comply with the state's substantive construction law elements.

Family law: What is a parenting coordinator?

Parenting effectively through divorce and other family law issues is hard! Parents and children alike need all the help they can get during times of adversity. Parenting coordination fills a need that many Baton Rouge parents do not even know that they have, but what is it exactly?

If you are getting a divorce or already divorced, you are likely very familiar with conflict. It plagues split families relentlessly, often lasting well into a child's early adulthood or even their entire lives. Parenting coordination answers the need for stability, peace and cooperation between parents. As a non-confidential process centered on the children, coordination helps children by helping parents in conflict-filled family situations.

What are the pros and cons of a covenant marriage?

In Louisiana and other states, many couples are choosing to enter into a covenant marriage. In a nutshell, this family law term means that couples promise to remain married forever. While most people intend marriage to last forever anyway, how does a covenant marriage even work?

According to the state's Department of Health, couples must agree to two significant provisions when choosing a covenant marriage.

  • The parties make a legal agreement to pursue counseling if their marriage begins to deteriorate
  • The spouses may only seek to divorce or separate legally for specific and limited reasons such as abuse, adultery or abandonment

Does signing an injury liability waiver mean you can never sue?

Many different types of entities in Louisiana use liability waivers to prevent victims from taking legal action after suffering an injury. For example, a tattoo parlor may require patrons to sign a waiver so that they cannot sue the parlor if a serious infection occurs. Other examples of businesses and companies that use liability waivers include the following.

  • Tour operators
  • Schools
  • Campgrounds
  • Amusement parks
  • Ski resorts
  • Equipment rental companies
  • Skydiving operators

In many cases, the liability waiver you sign may not prevent you from pursuing a personal injury claim. However, these waivers do seem to limit claims simply because injured parties believe the waiver will not permit a legal solution. Fortunately, there are ways a liability waiver may fail as legal protection against injury claims.

How to navigate marital debt

You and your spouse are preparing for a divorce. In addition to dividing your assets, you may also be wondering whether you’ll be responsible for your spouse’s debt.

Continue reading to learn how Louisiana handles marital debt and what you can do about it.

Why would a Louisiana judge order supervised visitation only?

The primary duty of a family court judge serving in Louisiana is to protect the best interests of children involved in family-related legal issues. In many cases, this means setting aside the expressed wishes of either or both parents. In fulfilling their duty to protect the state's most vulnerable citizens, family law judges must often make unpopular decisions.

One such unpopular decision is ordering a parent to engage in supervised visitation with a child. In short, supervised visitation means that the parent may only spend time with his or her child under the supervision of another adult. Judges issue such an order for a variety of reasons, all of them centered on protecting children from physical, mental and emotional harm.

Warning signs of adoption fraud

Couples that cannot have children on their own often turn to adoption to start a family. Accepting and loving children born to another person is a solution for all involved parties. However, adoption is an area vulnerable to fraud, especially when the parties do not get experienced legal guidance.

Anyone can be a victim of adoption fraud. The birth mother and the adoptive parents may suffer fraud perpetrated by a phony adoption agency, for example. Couples seeking to adopt a child may be victimized by someone claiming to be pregnant and in need of an adoptive family. The goal in all cases of adoption fraud is to bilk couples or pregnant women out of money. Unfortunately, heartache is a painful byproduct of fraud.

Will all my family’s property be divided in divorce?

Asset division is a common concern among many divorcing spouses, and it can quickly become a point of conflict. This is understandable because spouses often invest a significant amount of time and effort to attain nice things for their family, and the way those assets are divided can influence each spouse’s situation post-divorce.

However, not all assets are subject to division during divorce. If you and your spouse are headed for divorce, it may be helpful to understand which assets get divided and which assets are excluded from division.

What is the quickest method of divorce in Louisiana?

If there is one thing family law attorneys understand, it is divorce. Unfortunately, many couples reach a point where their marriages no longer work for either spouse. Sometimes, this realization evolves over months or even years, giving spouses time to plan the divorce. However, other times relationships fall apart quickly, making it essential to end the marriage as fast as possible.

Like all other states, Louisiana has specific laws governing how a couple can get divorced. In some cases, family law issues aside from the divorce itself can prolong the process. Below are a few scenarios that may extend the proceedings.

  • High value assets or other complicated property division issues
  • High conflict relationships with complex balance of power problems
  • Marriages in which the couple shares one or more children

How long does it take to get a divorce in Louisiana?

Going through a divorce can be challenging, as two people prepare to transition to a new chapter in life. Yet many people experience it, particularly here. One study found Louisiana has the fourth-highest divorce rate in the U.S.

There's one question that comes up frequently among divorce cases. And that is, how long does it take to actually get a divorce? The truth is, it depends on a few factors.

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