Divorce,Lawyers,and,Don,Part,H law Divorce Lawyers: Dos and Donts (Part V)
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Hello everybody and welcome to my DivorceLawyers Dos and Donts series. In thesearticles I discuss very general principles having to do with Louisiana familylaw as it applies to specific situations. Remember that these articles are for informational purposes only, and ifyou need formal legal advice you should consult with a trained Louisiana divorcelawyer. Todays articles focus mainly onthe requirements for marriage in our state. Sometimes people take for granted that it is as easy as finding aminister and an altar when in actuality there are a few other things we need toconsider.DIVORCE LAWYERS DONT: think thatyou can get married to someone if you are already married! A marriage to another person makes your newmarriage null. Regardless of theamount of time which has passed since you last spoke to your spouse, or the factthat they are disappeared, or any other reason or circumstance. Entering into a marriage in bad faith (thatis, knowing that you are actually still married to another) can strip you of certainrights and privileges vis a vis the new spouse. Furthermore, the new spouse, so long as they are in good faith, maystill reap all the benefits of being married to you. For example, there have been cases where thespouse who did not know their husband was married was entitled to a portion ofthe community property regime, even though they were never technically married!DIVORCE LAWYERS DO: remember thatthere are certain impediments in Louisiana to becoming married to anotherperson. For example, same sex couplescannot be married. As we just covered,you cannot be married if you are already married. Technically speaking, you are supposed to bemarried with a ceremony in Louisiana, and one which is conducted by a personqualified to perform such a ceremony. You also are not allowed to marry any relatives in the vertical chain ofyour lineage (parents, grandparents, children, or grandchildren) and also norelative who is within four degrees of relation to you. Finally, the marriage ceremony must be freefrom fraud and coercion. DIVORCE LAWYERS DONT: forgetthat reconciling with your spouse can interrupt the separate and apartrequirement to ending the marriage in Louisiana. If you do not have children from yourmarriage, you must generally live separate and apart from your spouse for onehundred and eighty days before ending the marriage. Howeverif it can be shown that the two of you reconciled during this period, theyseparate and apart requirement has to start all over again! Now, reconciliation does not mean meeting up withthe spouse for a dinner one night. Weare talking generally more serious intentions whereby each spouse mutuallydesires to resume being husband and wife. For example, if you move back in with your spouse.This above is informational only, notlegal advice. Will Beaumont. New Orleans
Divorce,Lawyers,and,Don,Part,H