Division of Property in a Louisiana Divorce

As senior partner of the Arata & Arata Law Office in Bogalusa, Louisiana, William “Bill” Arata represents clients in a variety of domestic matters. Bill Arata draws on an in-depth knowledge of divorce laws in the state of Louisiana.

In the state of Louisiana, unless there is a prenuptial or post-nuptial agreement stating otherwise, a divorcing couple must divide community property evenly between the two parties. The state defines community property as that which the couple owned following the date of marriage, while all assets owned before the marriage remain the property of the original owner. The court does allow couples to independently determine who receives which particular asset, though this agreement must undergo official review to ensure equal distribution.

If the court makes decisions on specific division of property, it typically considers custody arrangements when determining which spouse will receive the family home. Courts also take note of the financial needs of each party and any children, expected financial standing in the future, and past contributions to the home itself.

Louisiana Automobile Accident Law

As the owner of the Arata & Arata Law Office in Bogalusa, Louisiana, William “Bill” Arata represents clients in a variety of civil, family law, and estate matters. Bill Arata routinely takes on cases brought by parties injured in automobile accidents.

In the state of Louisiana, an individual who has suffered an automobile accident injury may bring suit within one year of the accident date. This statute of limitations applies to all lawsuits related to automobile accidents, except for those involving a death. In these cases, the family or legal representative of the deceased individual may file a wrongful death action up to one year from the date of the death.

Upon filing, a plaintiff may name either the at-fault individual or the insurer as the defendant in the suit. Statistics show that courts are typically more likely to award sizable damages if an insurer is the named defendant, as an individual would be responsible for paying compensation out of his or her own personal resources.

If the court does choose to award damages to the plaintiff, the total amount received depends on each driver's percentage of fault. For example, if the court determines that a plaintiff holds 10 percent responsibility for the accident, that person would receive 90 percent of the total damages sought.