We own a business together. I filed federal and state taxes in Louisiana (married separate). My spouse filed taxes in California (jt).
We own a condo together. We are broke. Barely getting by. I am unemployed. How can I divorce for least amount of expenses?
answered on Jan 16, 2024
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 
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 11, 2024
Dealing with the aftermath of emotional abuse, especially in a military family, can be incredibly challenging. First and foremost, it's important to recognize the strength it takes to seek help in such a situation. The emotional toll on you and your children is a serious concern and addressing... View More
Grandmother took care of disabled granddaughter. Grandmother passed away in November, disabled adult went to live with Mother. Currently Mother is having health problems and cannot adequatley take care of disabled adult. So grandmother's daughter would like to become curator for disabled niece.
answered on Jan 12, 2024
Yes to your question. I would recommend that your contact the state bar association or the local bar association, explain the situation and ask for recommendations of an attorney who can handling the paperwork to accomplish this as a Judge will have to approve the appointment of the curator.
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 1, 2024
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
I need two witnesses to a Declaration of Paraphernality in Covington, Louisiana. Is there an age requirement for witnesses? My Stepdaughter and her son are available to act as witnesses tomorrow. The son is 18 years old. May he be a witness recognized by Louisiana law?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 29, 2023
In Louisiana, the age requirement for a witness to an authentic act, such as a Declaration of Paraphernality, is generally 16 years or older. Therefore, your stepdaughter's son, who is 18 years old, meets the legal age criteria to act as a witness for the document. It's important to... View More
Back to me or let me talk to her what do I do
answered on Dec 20, 2023
If you do not have any paperwork/orders signed by the Judge detailing your custodial time then you need to file something with the Court asking that custodial time be set which will detail when you exercise custodial time and when your ex does. If you have such an order and he is in violation of... View More
We did everything by the book step by step it was accepted signed and sealed by the court that my 2 step sons and myself are the only true heirs. They still won't discuss anything about the account whats going on the process nothing. When we inquire we are ignored and they won't return our calls q
answered on Dec 11, 2023
You mention a "small estate affidavit," which, in Louisiana is not "signed and sealed" by the court. So, I am not sure how you all proceeded, but if you had an attorney assist with the succession process, then, please, reach out to that attorney to send a notice of... View More
My daughters birth father and I weren't married and didn't take me to court for rights to our daughter. Now my fiance and I are looking into adoption, the birth father hasn't made contact in over a year and hasn't seen the child in over a year. So I'm just wondering what do... View More
answered on Nov 19, 2023
The birth father may have to be placed on notice of the intent to adopt; however, his consent may not be required if he failed to communicate or attempt to communicate with the child without just cause for over 6 months. Your fiance would likely need to marry you, however, to be considered for an... View More
I got out in December moved to Tampa for work have kept in. Contact and flew in from Florida twice to spend the weekend with him and have held a steady job running heavy equipment until last month I returned home to go to work in a chemical plant I’ve completed my parole perfectly I have a home... View More
answered on Nov 16, 2023
A lot depends on what exactly you signed (and/or gave up). I recommend taking a copy of the paperwork you signed to a child custody or family lawyer so you can have a more specific conversation as to the best way for you to achieve what you desire. Good luck.
What can I do about it?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 10, 2023
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
and this bills he left me with mortgage and all.
Got divorce in 2021 because he was cheating and I bust him, so I filed for divorce. I asks him for help me with mortgage, I got hurt at work and barley paying bills. Can I get his name of house if his not helping. I'm not going to pay... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 7, 2023
Just because he is not paying on the house note does not remove him from ownership. What did the Divorce Decree say about the house and the mortgage? Outside of enforcing the decree, foreclosure may be be imminent as a refinance is doubtful. A Ch13 BR might help.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 9, 2023
If you are facing a charge of indecent behavior in Louisiana, your ability to reside with minors, including your own children, could be impacted depending on the conditions of your bail, the terms of any protective orders, or the restrictions imposed by child protective services or the court.... View More
The phone has been paid off a while now, they have been paying the bill. They have taken me off the plan now after moving out and just recently came and got the phone from me.
answered on Sep 27, 2023
If your parents bought the phone and did not give it to you as a gift, your parents own the device.
If you bought the phone or if it was given to you as a gift, you own the device.
My mother, two years before deceasing, made an act of donation of a rental property belonging to her and my father to my niece without my father signature as required by Art 2353. My father deceased in 2019, today this property is in his name and my niece's name. Is this act of donation valid?
answered on Sep 22, 2023
If your spouse was the actual owner in the public record, then she can donate her portion. You should review the trasnfer document to make sure it was property prepared and executed. Also, it should be noted that donation, if proper, would be donated subject to any and all encumbrances which... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 17, 2023
In Louisiana, if your wife purchased a vehicle solely in her name and it's repossessed, she would generally be responsible for the associated debt. Louisiana's community property laws might have implications if community funds were used to make payments. If you cosigned or have joint... 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
answered on Aug 8, 2023
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
He is now deceased. Can this be revoked since he is not the actual biological father?
answered on Aug 7, 2023
It is possible to do. I have actually been successful in getting this one in a situation where the mother passed away.
Father hasn’t seen baby in over a month (so far), contributed $0 during pregnancy and after birth, and he’s not on the birth certificate. I don’t want child support or anything from him. What are the options for terminating parental rights? Or what criteria have to be met in order to do that?
answered on Aug 2, 2023
An involuntary termination of rights usually require a set of criteria to exist. Because the consequences of termination of rights is so severe, I advise anyone seeking/considering this to set up an appointment/consult with a family/parental lawyer to discuss the specfic situation in order to... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 25, 2023
If the child's mother has gone to jail and the child is being hidden by the grandfather, it may be a complex situation involving family law and child custody issues in Louisiana.
In such cases, the child's well-being and best interests are paramount. If you are the child's... 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
answered on Jul 5, 2023
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
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.
