Blog

What is a Walk-and-Turn Test?

When Are Urine Tests Used in DUI/DWI Cases in Louisiana?

What is a One-Leg Stand Test in North Louisiana?

What is “blood alcohol content” level?

What is an Ignition Interlock Device (IID)?

What is a Horizontal Gaze Nystagmus Test?

What Are Breath Tests?

Once you have been served with (or have waived service of) a Petition for Divorce, you have 15 days from the date of service, or waiver thereof, to file an answer. In your answer, you should respond to each allegation made by your spouse in his/her petition. Along with your answer, you may also c...

What are DUI/DWI Blood Tests?

Pending a judgment of divorce, either spouse may request a temporary restraining order (TRO) prohibiting the other spouse from encumbering or disposing community property.  This type of TRO is generally requested in a divorce petition or in an answer/reconventional demand. A temporary restraining...

What is Self Defense in North Louisiana?

An award of final periodic support may only be awarded to a party who is found to be free from fault in the breakup of the marriage. A party who is found to have committed adultery would also be found to not be free from fault. While a finding of adultery will bar your spouse's claim for final pe...

What is Mistaken Identity as a Defense in North Louisiana?

If after a contradictory hearing, the court determines that one of the spouses committed adultery during the marriage, an immediate divorce will be granted under art. 103(2) of the Civil Code. This means that the parties do not have to live separate and apart for a requisite time period before th...

What is Lack of Intent as a Defense in North Louisiana?

Adultery must be proven by a preponderance of evidence at trial. While preponderance of evidence is a low evidentiary bar, it is not enough that your spouse admits to committing adultery, even if the admission was written or recorded. You generally need corroborating evidence and must be able to ...

What is Defense of Property in North Louisiana?

Adultery is not defined in the Civil Code or any other body of law in Louisiana. However, courts have generally defined adultery as sexual intercourse occurring during the marriage between a spouse and non-spouse. The traditional definition has been expanded to include oral sex and repeated sexua...

Louisiana's “Three Strikes” Law

There are generally three types of divorces in Louisiana: an art. 102 no-fault divorce, an art. 103(1) no-fault divorce, and fault-based divorces under art. 103. 102 No-Fault Divorce A divorce can be granted under art. 102 of the Civil Code after the parties have lived separate and apart contin...

What Do Cops Look For Before a DUI Stop? October 12, 2017 It happens all too often. Someone goes out for a night on the town, has a little too much to drink, and ends up behind bars facing DUI charges. In the state of Louisiana, fun events like Mardi Gras, NFL games, and other community festivi...

In Louisiana, there are limited, enumerated grounds for seeking an immediate divorce based on fault. These fault-based grounds are limited to adultery, a conviction of a felony, and physical or sexual abuse of a spouse or child of one or both spouses. If there is no allegation of fault based on o...

Louisiana First-Time Offender's Guide

What is Defense of Others in North Louisiana?

In Louisiana, there are limited, enumerated grounds for seeking an immediate divorce based on fault. These fault-based grounds are limited to adultery, a conviction of a felony, and physical or sexual abuse of a spouse or child of one or both spouses. If there is no allegation of fault based on o...