Louisiana,Family,Law,Divorce,L law Louisiana Family Law -- A Divorce Lawyer Case Study
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Sometimes the legal issues a divorce lawyer works with are more easily understood if they are placed in the context of a real world example. Today we will look at a hypothetical scenario and try and draw tentative conclusions about the various family law outcomes which might result in a given situation.Lets say Bert and Tina get married. On the day before they are married, Bert buys a boat. The day after they are married, Bert and Tina go to the bank and take out a mortgage for a house in Alexandria. For the duration of the marriage they make payments on the mortgage using the money that they earn from their jobs.A year after they are married, Bert and Tina give birth to a child, Sam. As part of the celebration of having a child, Bert sells his boat and uses the money from the sale to purchase another boat. The new boat is about one percent more expensive, and Tina uses her latest paycheck to cover the difference in the price.Lets say two years later Tina hires a divorce lawyer to end her marriage to Bert. Based on the above facts, there might be a few general conclusions that may be drawn. For one thing, the boat that Bert bought before the marriage is his separate property. This is because he bought it before the marriage to Tina took place. By being separate property, that means that Tina will not have any ownership interest in the boat. The fact that Bert bought another boat with the proceeds from the sale of the first boat probably does not matter. He used his separate property to purchase a new form of separate property. Also irrelevant is the extremely small percentage of money which Tina used to help pay for the new boat. If the percentage was larger, then there might be a different outcome. (In this instance, a divorce lawyer may decide to bring a reimbursement claim for community funds going towards a spouses separate property, however.)The house which the couple purchased is most likely community property. This is because it was purchased during the course of the marriage using money that the couple earned during the marriage. As community property, the couple will share the value of the house evenly. If the mortgage is not paid off yet, then that will be considered a community obligation. This means that Bert and Cindi will owe equally on the mortgage.Because Cindi and Bert are married with a child, they will have to live separate and apart for three hundred and sixty five days before either spouses divorce lawyer can end their marriage. If they did not have the child together, then that period of time would be only one hundred and eighty days. As for the custody of Sam, we really do not know enough from the above facts. Sam is very young, so his connection with the local community is not extremely important. What would probably become more relevant is the ability and desire of Cindi and Bert to care for him independently. They have an opportunity to come to a custodial agreement between themselves, without the interference of a divorce lawyer or the court.Will Beaumont practices law in New Orleans, LA. The above is not legal advice, but rather simply general information on the law.
Louisiana,Family,Law,Divorce,L