I served for 20 years, but we were only married for the last three years of my service. I'm trying to compute what amount of my retirement he is entitled to and also if he's entitled to my disability.
answered on Mar 15, 2023
In Louisiana, the court uses a formula to determine the portion of military retirement pay that a former spouse may receive. The formula is known as the "Time Rule Formula" and takes into account the length of time the couple was married during the service member's military career... Read more »
i have minor child i want to know what are my legal rights
answered on Feb 23, 2023
To best protect your rights, you will need to have a lawyer in the legal proceedings. As such, you should really begin meeting and consulting with a family law attorney(s) in your area so you can hire the one with whom you are most comfortable. There are many issues involved, including but not... Read more »
answered on Feb 17, 2023
Please use the Justia Find a Lawyer tab and search for divorce or domestic lawyers in and around the parish you reside---call a few--some of them may provide you a free 15 or 30 minute consult for you to ask the questions you have. If you are comfortable with one of the attorneys you consult, then... Read more »
Child custody and divorce and there is domestic violence involved on my husband against me. He has a very good attorney and I can't afford one. He refuses to pay child support and I don't have a vehicle to get to a job so I'm struggling. Also, he is trying to get domestic charge... Read more »
answered on Feb 3, 2023
I'm sorry to hear of the problems you're having. You may be able to find assistance through this website: https://www.lsba.org/public/findlegalhelp/. I would also suggest contacting your local battered women's shelter and/or your parish's District Attorney's Office to... Read more »
Divorce reason is irreconcilable differences uncontested. Children are over 18
answered on Dec 21, 2022
No---because there may be issues/incidental matters involving the breakup of the marriage you do not have to live separate and apart before filing divorce, however, the time period required for living separate and apart for an uncontested divorce (180 days of living separate and apart if all... Read more »
In a divorce?
answered on Nov 11, 2022
You need to talk in depth with your realtor, your mortgage broker, and your title attorney. They are fully capable of getting you the outcome you desire. A family law attorney can help illustrate the possible outcomes.
As a short-and-dirty answer to this question: "I'm married... Read more »
We agreed on divorce & he filed petition. I recvd the Citation of petition today, it states I have to either comply with demand in petition or make an appear. by filing an answer or pleading. if I am not contesting how do I let them know? do I file some paper or call? or just not respond at all... Read more »
answered on Nov 8, 2022
If you were properly served and do nothing, then the other side can go to Court and seek the relief it seeks in the Petition. If the Petition sought decisions/rulings of incidental matters and/or issues other a divorce, then you could be adversely affected. Thus, my recommendation to you is that... Read more »
Louisiana Civil Code 112 states...The sum awarded under this Article shall not exceed one-third of the obligor's net income. If I no longer have an income because of retirement and my Ex is aware there is no longer an income, am I required to file in court to stop spousal support or can we... Read more »
answered on Sep 12, 2022
Inferring from your post, I assume you are talking about permanent spousal support? Regardless of whether it's permanent or temporary, I suspect that there is an Order in placing which details this obligation. That said, I highly recommend that you consult with a family law attorney to... Read more »
I do not know where he is living and can’t get anyone to tell me. How do I get a divorce? I live in Louisiana
answered on Aug 24, 2022
You can ask in your divorce petition to have a curator appointed to search for him since he is an absent defendant.
answered on Aug 23, 2022
Not enough information is provided in your post for one to really provide you a quality response. It depends on what is the incorrect information and whether it is a typo or something which is intended to be misleading or something which is wrong. Also, depending on the incorrect information, one... Read more »
He lives in the home. We are both listed on the deed to the home but I am on the mortgage alone. If he files chapter 13 bankruptcy and includes the home, would this stop the upcoming sale and foreclosure? If Ch. 13 temporarily stops the sale, what are the steps he should then take to keep the... Read more »
answered on Aug 19, 2022
When a Ch. 13 case is filed, there is both an immediate automatic stay prohibiting creditors to proceed against the debtor and/or his assets, and importantly, there is also an automatic "co-debtor stay" to prohibit creditor actions against other non-bankrupts who are jointly liable with... Read more »
answered on Aug 17, 2022
No you do not----you can file in parish where either party is domiciled, or the parish where the spouses last lived together as husband and wife (last matrimonial domicile.
We have been separated for two years and I would like to start the divorce process.
answered on Jul 29, 2022
Use the Justia Find a Lawyer tab and search for divorce lawyers in your area----I would recommend that you contact and speak to at least 2 of them about the process, what to expect, and incidental matters (if any) and then select the lawyer with whom you are most comfortable. Good luck.
No one has told me what spouse wants. I might agree. We only own one small house. I just want to have the judge decide at this point but nothing happens. What can be done? I am not from Lousianna and I have never heard of finalizing a divorce first, befor property settlement. I got a appraisal on... Read more »
answered on Jul 19, 2022
Speak to your attorney about your concerns. Your attorneys know the specifics of your matter better than anyone on this Board does.
Refinanced home but did not put second husband on deed.. Husband helped with house payments but also filed insolvent one year on income taxes to avoid paying student loans back for his son prior to our marriage. Does this insolvent make me sole owner of my home. He now wants a divorce and says... Read more »
answered on Jul 8, 2022
You really need to consult with a family law attorney to discuss the specifics of this. It's potentially straightforward but it's a detailed process to determine the answers to all of your questions. Good luck.
Asking for a friend. Divorced mom is unable to claim her children on her taxes or receive any type of child tax credit, although the children reside with her full time. The children’s dad has shown very little interest in the lives of his children since the divorce. He also refuses to settle any... Read more »
answered on Jul 6, 2022
Call/contact the local and state bar association and see if they have contact information for lawyers in your area with whom she might be able to consult on a pro bono basis, or if they can provide the number for legal aid. At this point in time, it sounds like there are already judgments in place... Read more »
Who leaves after a domestic argument and do I have any right to the home?
answered on Jun 27, 2022
Based on your post, you do not have any right to ownership of the home, however if community funds were you for the upkeep and payment (perhaps mortgage) of the house, then you ight be entitled to some reimbursement. Also, you might have an argument for staying in the house until you are divorced,... Read more »
Mother doesn't want this to happen
answered on Jun 13, 2022
Do you have a written custody order? What does it say as to this situation or comparable situations? More specific information is needed to properly respond to this and if you do not already have an attorney, then I would recommend that you contact a few custody attorneys in your area to discuss... Read more »
I am going to be moving, hopefully in the next 30 days or so, and his things are still here after continued attempts to have him collect – I have multiple messages that are ignored, some that are saying he will come soon, some saying he doesn’t want any of it. I mentioned to him that at some... Read more »
answered on May 6, 2022
Put all of his belongings in a storage unit in his name. Pay for one month of storage. Mail him the key and storage contract by certified mail and keep a copy. This should protect you from damages for wasting his property.
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