Married for 10 years, child is 7 years old, both would be living locally to child's school, no criminal history for both parents, no history of domestic abuse from either parties, no infidelity on either side, everything is under fathers name, father employed as AVP Branch Manager, Wife... View More
All cases are different and depend on the specific facts however the Courts prefer that both parents be involved in the life of the child so based on that, the likelihood of joint custody is high. I am not sure what you mean by SPLIT. If you mean SHARED, then the answer remains the same: the...View More
In Louisiana, obtaining a divorce, even with the intention of relinquishing rights to children, may not be entirely free due to court fees and possible attorney costs. However, low-income individuals might qualify for a fee waiver or reduced-cost legal services through legal aid organizations. The...View More
You certainly have a right to dipsute this should you choose to do so. You should consult with a family law attorney in your area to discuss your options re: the breakup/dissolution of your marriage and the incidental matters, including, divorce, child support, child custody, spousal support and...View More
My answer is that if you are currently living in Louisiana, then you should file in Louisiana-----that said, you indicate that you own property, you do not mention your debt, if any, of the community, so I recommend that before you file that you at least consult with a family law/divorce attorney...View More
A divorce decree left property to my sibling and I in the event of my father’s death. He passed recently and I found that his wife who lived in the property with him but never purchased or paid the “now free and clear” mortgage, name is included on the deed along with him. Is this a... View More
In Louisiana, a divorce decree that addresses property distribution typically has legal precedence over later actions, such as the changing of a deed. If the decree explicitly awarded your mother's half of the property to you and your sibling, this should be honored unless legally modified...View More
If you decide to file a lawsuit, you will need to prove that the agreement is valid and that your ex-husband has breached the agreement. You can do this by providing the court with a copy of the agreement and any other relevant evidence, such as emails or text messages that show that he agreed to...View More
All property acquired during the marriage is considered community property and is generally divided evenly between the spouses in the event of a divorce. This includes business assets unless one spouse proves the business is separate property.
Not enough information is presented here being that you are discuss a failure which occurred in 2014 (9 years ago) and you are asking what you can do no in 2023. I would suggest that you contact a community property lawyer or 2 in your area and sit down with said lawyer and seek answers to the...View More
I am in need of financial support but I don’t want to begin a divorce proceeding yet bc in 9 mths I been married 10 years. And 10 yrs is required to be able to receive social security benefits once I’m 62. This is important to me as my spouse hasn’t set aside any retirement & I am 49... View More
I applaud you for seeking information in advance---but you have specific questions which in this case yoou should seek a conult or 2 with family law attorneys in your parish ---discuss the specifics of your matter and then decide on the best route to take to maximize the chances of protcting...View More
My wife committed adultery and birthed a child to another man. She never denied the adultery and a DNA test was done and the other man came back as 99.999999% certainty as father. The necessary paperwork regarding the paternity was done and sent to the State. Me and my wife do have a minor child... View More
You can---but my suggestion is that you speak to a family law attorney in your area and discuss the pro and cons of filing a 103 divorce via adultery and the potential impacts this will have on incidental matters----there may not be any impacts but at least have a consult about this because you...View More
Ex-husband acquired property before we were married. We terminate our community property and enter into a regime of separation of property before a lawyer and signed paperwork.. Ex-Husband signed and agreed to bargain, convey, sell, waive, and deliver property in full ownership to me. The home... View More
When she left, we had a mortgage with very little equity built up in the house. The house is titled in both of our names. Since the divorce I have paid the house off. I have also paid for the insurance, repairs, maintenance, and taxes. I have meticulous records of all I have paid on the house since... View More
You need legal counsel to make sure your rights are protected and as such I recommend that you contact some community property lawyers in your area, set up consults and then sit down with them and specifically discuss your situation-----while the basic rule is 1/2 and 1/2, there are also...View More
It will depend on what you are signing so we would have to see and review the proposed document in order to provide you with specific advice. That said, usually when you sign an intervenor agreement as you describe, it means you are acknowledding that the home is being purchased by your spouse...View More
You or both of you certainly can do that----but before doing so, I would contact a famliy law attorney or 2 and consult with them---a general consult---and learn of your rights if you do get divorced and what can or should be done. Some family law attorneys will charge you for an initial consult...View More
I am sorry about your situation. In response to your post, more information is needed and I suggest that you contact a famliy law attorney or 2 and consult with them---a general consult--that way yoou can provide specific information and and learn of your rights if you decide to leave your husband...View More
Divorce and property (marital/community) are two different things. You can get divorce without resolving your property issues at the same time. Since oyu have property, I would recommend that you contact a family/divorce attorney and have a consult---or contact a few attorneys and have a few...View More
I am unclear as to exactly what you are seeking however because there are potential incidental matters to a divorce, which could include, child custody, child support, spousal support (permanent and temporary), & community property to name a few, I would highly recommend that you contact a...View More
If you have a lawyer, then please ask this to your lawyer----your lawyer is in the best position to know and answer your question. There are different ways of obtaining a divorce depending on each person's situation and some of them would require you to be present in court; others do not....View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.