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
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
answered on Jun 12, 2023
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
We aren't sure if we are going to get divorced, but we want to make sure each other feel safe in this time of unknowns.
answered on May 31, 2023
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
answered on May 16, 2023
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
answered on May 5, 2023
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 i move overseas
answered on Apr 5, 2023
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
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.
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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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View More
answered on Aug 22, 2022
This may not be possible but he needs to purchase your interest from you and/or "refinance" the mortgage from your name to him name. Refinance is probably not the correct term in this instance since he is not on the mortgage but I assume that the reason for the foreclosure is that you... View More
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.
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... View 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... View 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,... View 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... View More
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