This is the fifth of a multi-part series on thoughts and strategies on divorce. This article focuses on the actual divorce itself, as opposed to incidental matters.
Hello everybody and welcome to my “Divorce Lawyers Dos and Don’ts” series. In these articles I discuss very general principles having to do with Louisiana family law as it applies to specific situations. Remember that these articles are for informational purposes only, and if you need formal legal advice you should consult with a trained Louisiana divorce lawyer. Today’s articles focus mainly on the requirements for marriage in our state. Sometimes people take for granted that it is as easy as finding a minister and an altar…when in actuality there are a few other things we need to consider.
DIVORCE LAWYERS DON’T: think that you can get married to someone if you are already married! A marriage to another person makes your new “marriage” null. Regardless of the amount of time which has passed since you last spoke to your spouse, or the fact that they are disappeared, or any other reason or circumstance. Entering into a marriage in bad faith (that is, knowing that you are actually still married to another) can strip you of certain rights and privileges vis a vis the new spouse. Furthermore, the new “spouse,” so long as they are in good faith, may still reap all the benefits of being married to you. For example, there have been cases where the spouse who did not know their husband was married was entitled to a portion of the community property regime, even though they were never technically married!
DIVORCE LAWYERS DO: remember that there are certain impediments in Louisiana to becoming married to another person. For example, same sex couples cannot be married. As we just covered, you cannot be married if you are already married. Technically speaking, you are supposed to be married with a ceremony in Louisiana, and one which is conducted by a person qualified to perform such a ceremony. You also are not allowed to marry any relatives in the vertical chain of your lineage (parents, grandparents, children, or grandchildren) and also no relative who is within four degrees of relation to you. Finally, the marriage ceremony must be free from fraud and coercion.
DIVORCE LAWYERS DON’T: forget that reconciling with your spouse can interrupt the “separate and apart” requirement to ending the marriage in Louisiana. If you do not have children from your marriage, you must generally live separate and apart from your spouse for one hundred and eighty days before ending the marriage. However if it can be shown that the two of you “reconciled” during this period, they separate and apart requirement has to start all over again! Now, reconciliation does not mean meeting up with the spouse for a dinner one night. We are talking generally more serious intentions whereby each spouse mutually desires to resume being husband and wife. For example, if you move back in with your spouse.
This above is informational only, not legal advice. Will Beaumont. New Orleans
More Louisiana Divorce Lawyer Questions and Answers
If you live in Louisiana and you are trying to get a divorce, there are certain rules which you must observe to effectuate this decision. Louisiana has a few public policy objectives when it comes to divorcing couples; and one of the main ones is to make sure that the couple is very sure about the decision they are about to make.
General Topics of Louisiana Divorce Attorney Law
This article is written to add to the general knowledge on Louisiana family law which some of these articles can provide. That said, this is a continuation of articles on “Dos and Don’ts” in family law.
Louisiana Community Property and Divorce Attorney Example: Greg and Gina
In Louisiana, property which a person possesses while married can be classified into one of two types: community property or separate property. This article provides an example of this.
