Divorce,Lawyer,Louisiana,Fault law Divorce Lawyer in Louisiana: Fault and Spousal Support
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
For an ex-spouse to be eligible for permanent spousalsupport, the ex-spouse seeking support must be free from fault and in need ofsupport. If you have any concernsrelating to fault, then you should speak to a divorce lawyer. If you proceed and a court determines that youare not free from fault, then you will not be awarded permanent spousalsupport. That is why it is important, ifyou have concerns, to consult with an attorney to determine precisely yoursituation.In Louisiana, a person who is not free from fault cannotseek final periodic spousal support. What does it mean to be free from fault? The Louisiana Civil Code defines whatconstitutes fault. As such, a party freefrom fault is a party who has not committed the transgressions set forth in theLouisiana Civil Code. However, there iscase law that states a party need not be free from minimal fault. In Louisiana, the trial court determineswhether or not a party is at fault. Such a determination often involves weighingthe credibility of witnesses, making factual conclusions based upon theevidence submitted, and listening to the arguments of each spouses divorce lawyer.There are several examples, which can appear before adivorce lawyer for ex-spouses seeking support. Lets hypothetically say Will and Tara filedto end their marriage. They lived in amultimillion-dollar home purchased with community funds. During the marriage, Will was the breadwinner, while Tara stayed home and watched television. While Will was away working, Tara would ofteninvite her secret boyfriend over to their home. Will was unaware that Tara was cheating. In the court proceeding, Tara seeks to remainin the matrimonial domicile and permanent spousal support. If a judge uncovered that Tara had beencheating on Will during the marriage, then Tara would likely be deniedpermanent spousal support. Now lets look at a similar situation that can produce adifferent outcome. Lets assume all thesame facts except Taras divorce lawyer is seeking interim spousal support. In this scenario, a court may award Tarainterim spousal support. How so? Thepurpose of interim spousal support is to maintain the status quote. Thus, fault of a party is not taken intoconsideration when awarding interim spousal support. Another example a divorce lawyer may have to confrontinvolves Tim and Rachel. During themarriage, Rachel would throw temper tantrums and physically abuse Tim. One day, Rachel threw a twenty-pound dumbbellat Tim. Fearing for his safety, Tim fledand never returned to the matrimonial domicile. Subsequently, he filed to end his marriage.Rachel sought spousal support. Tim contendedshe cannot receive spousal support since she abused him. Rachel contended that Tim abandoned her, thushe was at fault.How might a divorce lawyer view this fact pattern? First, cruel treatment and physical abuseconstitute fault. Therefore, if it isproven that Rachels actions constituted physical abuse (throwing a dumb-bellon your spouse without justification certainly is), then she will be barredfrom seeking permanent spousal support. Abandoningthe marriage is also sufficient conduct to rise to the level of fault. However, since Tim fled for his safety, hewill be deemed free from fault. Even ifa person is free from fault, he or she must also be in need of support. Forinstance, Rachel cannot seek permanent spousal support if she is making 3million dollars a year.Attorney Will Beaumontpractices Family Law in New Orleans, and provides this article strictly asinformation. Please contact an attorneyfor legal advice.
Divorce,Lawyer,Louisiana,Fault