Standard,for,Financial,Injunct law Standard for a Financial Injunction by a Divorce Attorney in
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
When spouses are ending their marriage, it is quite often the case that at least one spouse's divorce attorney will seek to put a court order in place restricting the other spouse from spending or in any other way alienating or encumber community property. This is normal because there can be a tremendous danger if one spouse decides to do something reckless because until the marriage has legally ended, both spouses have the equal right to manage the community. The question, though, is what is the standard for obtaining such an injunction and, if contested, whether it is necessary to go to court for a hearing in order that it be put into place or can it be done by the court without hearing the other side in opposition.But, these are not such easy questions to answer because there seems to be some discrepancies between the laws passed by the Louisiana Legislature and how courts have interpreted these laws. For the most part, Louisiana's Civil Code of Procedure defines that injunctive relief is restricted to cases where the requesting party shows that irreparable injury will result to them unless the court grants the injunction. The Code of Procedure goes on to say that in order for the injunction to be granted the party requesting the injunction must post security or bond, except if where the law specifically says that this is not necessary (one of the instances where security can be dispensed with is with regard to an action to end a marriage and so a divorce attorney generally does not have to worry about posting this.) From a plain reading of the law then, the standard for a divorce attorney to get an injunction is irreparable injury but there is no need to post security. Courts, though, have not upheld this standard, and, where they do, only nominally. In fact, Louisiana courts have held that a spouse has a "right" to get an injunction to stop the other spouse from alienating community property. To add strength to this "right" the Louisiana Supreme Court has said that the need for an injunction is justified simply where the property has not been partitioned.So, in order for a Louisiana court to grant a financial injunction, is it important for a divorce attorney to even put in specific facts in a pleading to suggest injury? The answer: probably not. Courts have held that held that as long as it is evident that the community property regime has not yet been divided through a partitioning (which in turn means that there is a risk that the property can be disposed of by either party) this is sufficient to justify an injunction.Therefore, the standard to ensure that the community is protected through an injunction is simply to show that the parties are married, and no partition has been had. Also, there will be no need to post bond in order to be granted the injunction.Will Beaumont practices law in New Orleans. This article is informational, not legal advice. Article Tags: Financial Injunction, Divorce Attorney, Community Property, Courts Have
Standard,for,Financial,Injunct