Divorce,Lawyer,Civil,Effects,L law Divorce Lawyer: Civil Effects in Louisiana of a Previous Mar
When you work with an attorney, you will have no problem reducing the risks associated with getting your case in front of a judge and jury, or other formal court, when you need to. However, every case is different. It is important to work wi Bankruptcy is a situation, wherein an individual is termed as unable to discharge all the debts. When a person or a company is not able to pay off its creditors, it has an obligation to file a bankruptcy suit. In fact, a bankruptcy suit is a
Sometimes couples are in a hurry to get hitched, and they donot hire a divorce lawyer to end their previous marriage. Before marrying an individual previouslymarried, it is essential to determine whether he or she has had his or herprior marriage dissolved. Remarrying does not cancel the previous marriage. As a matter of law, Louisiana does not allow aparty with a prior un-dissolved marriage to remarry. Hence, a party must dissolve the priormarriage before remarrying.In previous blogs, we have talked about good faith and howits a determinative factor in granting spousal support. Good faith also is important to a divorcelawyer because of the putative marriage doctrine. The putative marriage doctrine asserts that aspouse who is in good faith can have civil effects of an absolutely nullmarriage. Spouses who marry a spousewith a prior un-dissolved marriage usually invoke this doctrine. If a party marries another and had no way ofknowing that he was previously married, then he or she may be entitled to civileffects of the marriage pursuant the putative marriage doctrine.However, the doctrine has limitations. A party in bad faith may not be able reapbenefits of an absolutely null marriage. For example, a party who was aware of his orher spouses prior un-dissolved marriage but married him anyway, could bebarred from civil effects of the marriage. In Louisiana, a party attacking the validityof a marriage has the burden of proof. Thetrial court analyzes the facts and law, and then renders a judgment.In an effort to illustrate how such proceedings work, hereare a few easy-to-understand examples. Samand Lilly met in high school. They dideverything together. After high school,they got married. They purchased a homeand had a child together. After 5 yearsof a rosy cozy relationship, things started to go down-hill. Sam lost and job and turned to the bottle. While drinking at a bar, he met Gullible Gill. They immediately fell in love, but didnot hire a divorce lawyer. Gullible Gillhad no reason to know and in fact did not know Sam was married. The two eloped and got married. After 2 years, Gullible Gill files to end themarriage. Unbeknownst to her, shediscovers Sam has a prior un-dissolved marriage.Will a court award her spousal support? The trial court may consider all the evidencesurrounding both purported marriages. If Gullible Gills divorce lawyer proves her good faith, then she willbe protected by the putative marriage doctrine. However, Sam could be precluded from seekingspousal support since he was in bad faith. The putative marriage doctrine does notprotect parties who are in bad faith. Letssay Gullible Gill remarries to another person, but still seeks spousal supportfrom Sam. The court will deny suchmotion because civil effects terminate when the good faith party remarries.It is essential to determine whether or not your significantother has been previously married. While it may seem trivial at first glance,an un-dissolved marriage can have harmful financial impacts that your divorcelawyer may not be able to help you with. And although the putative marriage doctrinewill protect a good faith party, it is better to find out of any previousmarriages beforehand. This article isinformational not legal advice. WillBeaumont is located in New Orleans, La.
Divorce,Lawyer,Civil,Effects,L