Divorce,Lawyer,Watch,Out,for,I law Divorce Lawyer: Watch Out for Impediments to Marriage in Lou
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
Anexisting marriage is an impediment to marriage that renders the attemptedsubsequent marriage absolutely null. Whyis this important for a divorce lawyer? If you attempt to remarry while not dissolving your previous marriage,then you will not be entitled to civil effects of the subsequent marriage. Theputative marriage doctrine protects a party who is free from fault and is ingood faith. Without both, there can be no civil effects for that party. Therefore, it is important to dissolve anyprior marriages before remarrying.The Louisiana Civil Code providesthat the requirements for the contract of marriage. For example if Charley marries Matilda thengets married to Monique while still married to Monique, and then Charleysmarriage to Matilda is null and there is likely no need to hire a divorcelawyer to do further work. In Oliver v. Oliver, the alleged wife sought to endher marriage from her alleged husband. Amongother things, the alleged wife sought spousal support from her alleged husband. The alleged husband filed a demand assertingthat his alleged wife was married at the time of their wedding. The alleged wife was in a common law marriagewith another individual pursuant to the laws of Washington DC. As such, a legal impediment existed betweenthe alleged wife and alleged husband in this case.Thealleged husband raised a peremptory exception of no cause of action, aprocedural tool sometimes used by a divorce lawyer. After reviewing the evidence and consideringthe law, the trial court held the alleged wife was in a common law marriage atthe time of her purported marriage to the alleged husband in this case. As such, the trial court recognized themarriage to be null because she was in bad faith and thus not entitled to civileffects.Thealleged wife appealed the decision of the trial court. The appellate court noted that the trialcourts ruling was based solely on a factual finding. When reviewing such rulings, an appellatecourt must apply the manifest error standard. Additionally, the court noted that while onecannot contract a common law marriage in Louisiana, this state does recognizecommon law marriages contracted in a state where such is permitted. The appellate court determined the trialcourts judgment was not manifestly erroneous. As such, the trial courts decision wasaffirmed.Theappellate court noted that the alleged wife attempted to file to end herprevious marriage from her common law husband shortly after her purportedmarriage to a different husband in this state. Such action constituted knowledge of herprevious marriage and therefore was in bad faith. This lady was not going to benefit from anabsolutely null marriage, though a divorce lawyer could help her get othercompensation such as child support.WillBeaumont is an attorney in New Orleans, La and provides this article asinformation to the general public. Thisis not meant to be taken as legal advice.
Divorce,Lawyer,Watch,Out,for,I