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Started By
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re: During a divorce, if one spouse makes
Posted on 7/16/23 at 5:15 am to PrattvilleTiger
Posted on 7/16/23 at 5:15 am to PrattvilleTiger
Venmo or CashApp? Which works better?
0
Posted on 7/16/23 at 5:18 am to liz18lsu
Statutory language takes a backseat to common law jurisprudence outside of the State of Louisiana. Jurisprudence means judicial discretion is paramount.
Posted on 7/16/23 at 5:24 am to davyjones
quote:
You may have a point in language only, but I don’t think there are many jurisdictions throughout the entire country in which a alimony claimant “takes the person “to the cleaners” if the defendant has “bed spring evidence” of an affair,
The very definition of a no fault state is a state where infidelity has no affect on a divorce whatsoever. You can have video evidence of a spouse shagging someone else and it will mean nothing at all. Nothing. Trust me, I know this from experience.
Posted on 7/16/23 at 5:30 am to redstick13
I’m just asking, would you opine that let’s just go big, it a chick were to shoot her husband’s leg off due to a mere rumor of his infidelity, which on a side note ended up being fake news, does the judge in any “no fault” state in America have discretion to withhold award of alimony after the crazy woman has the nerve to apply for it??
This post was edited on 7/16/23 at 5:33 am
Posted on 7/16/23 at 7:25 am to PrattvilleTiger
You should have verbally encouraged her to start an OnlyFans, let her making a killing, THEN filed for divorce.
Posted on 7/16/23 at 7:28 am to Rebel
quote:
who has the better attorney
This.
Posted on 7/16/23 at 7:28 am to PrattvilleTiger
quote:
She ain't worth looking at.....trust me.
One man's trash is another man's treasure.
Posted on 7/16/23 at 7:30 am to davyjones
quote:
davyjones
And some divorces never see a judge. So, the statutory language guides the settlement.
Posted on 7/16/23 at 7:32 am to PrattvilleTiger
quote:
Roughly 15k-20k more than the other spouse, will they have to pay alimony?
Can't even begin to answer without scale
If you make 1.000M and she makes 1.015M, then not bloody likely
If you make 30k and she makes 15k? Then much more likely (depending on the state)
Posted on 7/16/23 at 7:33 am to davyjones
quote:
First it depends on whether the party seeking alimony is free from fault in the dissolution of the marriage. That can be a very tricky and drawn out process wherein the parties typically spend a fortune on making the other person’s life as miserable as possible. Often with no net positive return.
If the claiming party is free from fault to a pretty irrefutable degree, then the next step is the oftentimes drawn out and yet again expensive determination of the following formula: factor together the “status quo of the parties during the matrimonial regime i.e. their standard of living, and the paying party’s ability to pay.”
This is for LA, OP, and this is only for permanent spousal support.
Interim SS is given much more freely but ends 6 mos after the divorce. She could have sucked 1000 dicks and sent the videos to you once she left and still get ISS.
All states are different in this area.
This post was edited on 7/16/23 at 7:34 am
Posted on 7/16/23 at 7:35 am to davyjones
quote:
Statutory language takes a backseat to common law jurisprudence outside of the State of Louisiana.
And inside the State of Louisiana
Posted on 7/16/23 at 7:36 am to redstick13
quote:
The very definition of a no fault state is a state where infidelity has no affect on a divorce whatsoever. You can have video evidence of a spouse shagging someone else and it will mean nothing at all. Nothing. Trust me, I know this from experience.
In LA divorce and SS are 3 different concepts
"No fault" is how you get the divorce judgment. You can get a divorce without alleging a fault, but you do have the option to claim a limited number of things (cheating, felony conviction, domestic violence, etc.) as "fault" to get it quicker.
Fault has no bearing on Interim Spousal Support
Being "free from fault" is a requirement of Permanent Spousal Support.
This post was edited on 7/16/23 at 7:37 am
Posted on 7/16/23 at 7:40 am to liz18lsu
Sure, I can roll with that. But I think the specific scenario being referenced is one of “heated” litigation/defense of the petition for alimony based on various allegations of fault.
Posted on 7/16/23 at 7:45 am to SlowFlowPro
In Louisiana jurisprudence plays a role, but not in the primary sense as it does in “Common Law” states.
Common Law vs Civil Law aka Napoleonic Code 101
Common Law vs Civil Law aka Napoleonic Code 101
Posted on 7/16/23 at 7:49 am to liz18lsu
quote:how did it go down when your husband's ex wife found you bent over in front of him?
And some divorces never see a judge. So, the statutory language guides the settlement.
Posted on 7/16/23 at 7:52 am to davyjones
quote:
In Louisiana jurisprudence plays a role, but not in the primary sense as it does in “Common Law” states.
Common Law vs Civil Law aka Napoleonic Code 101
Are we in 1L Legal Traditions or an actual court?
Posted on 7/16/23 at 7:54 am to PrattvilleTiger
quote:
Roughly 15k-20k more than the other spouse, will they have to pay alimony?
Look it up online.
Also, the differential as a percentage is more important than the actual dollar amount for spousal support. At least that is the case in Louisiana.
If his/her income is at least 40% of your combined income, you would not owe any spousal support in Louisiana and if the spouse is at fault in the divorce even that doesn't matter.
So if you make 60,000 or more and your spouse makes 15-20K less you would not owe any alimony in Louisiana as best I can tell.
Posted on 7/16/23 at 7:55 am to SlowFlowPro
If the husband makes bank and the wife has been a stay at home mom for 20 years but was caught having an affair, in Louisiana she would still receive long term alimony, not just interim?
Posted on 7/16/23 at 7:57 am to SlowFlowPro
Are you that insistent on chiming every time that you’re willing to consciously make wrong assertions? You’re not that attorney that all the other attorneys cringe about when they have to engage, are you?
Posted on 7/16/23 at 7:57 am to Jake88
quote:
If the husband makes bank and the wife has been a stay at home mom for 20 years but was caught having an affair, in Louisiana she would still receive long term alimony, not just interim?
Backwards. She'd get interim SS but would be "at fault" and not receive permanent SS.
Also, FWIW, "at fault" has a WIDE interpretation by courts. It's really, really tough to get PSS.
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