In divorce proceedings, the expression “property” refers to both intangible and tangible possessions. Tangible property entails land, houses, electronics, campers, boats, and vehicles while intangible property entails bank accounts, pensions, and retirement funds.
All property is categorized as a community or separate possession. All possessions owned by someone before they were married are considered separate property. However, any property you acquired together with your spouse during marriage is regarded as community property.
Fruits of Separate Property
According to Louisiana law, both the civil and natural fruits of separate spouses’ property are community property. For instance, the cows you owned before marriage are yours but the revenue or milk produced during your marriage from the same cow is considered community property.
However, a spouse can reserve the fruits of their separate property per a notary or authentic act. In case of need, you can consult with a real estate attorney in Lake Charles, La.
Presumption of Community Property
In this state, there is a presumption of all debts and assets obtained during marriage regarded as community property. However, during the split of community possessions, the presumption ought to be rebutted to secure the distinct property of each spouse.
At times spouses commingle their distinct property to become community property. And since one partner may have a bigger portion than the other, it necessitates examining of documentation and records to rebut the supposition that the whole property is community property.
On the marriage date, automatically, the couple enters into what’s referred to as the matrimonial regime. In Louisiana statute, it’s defined as a structure of laws that control the management and ownership of property between married partners in addition to third parties. Basically, the matrimonial regime considers who and when the properties acquired in marriage can go to. The three kinds of matrimonial regimes are contractual, legal and partly-legal partly contractual.
When the moment of dividing community property comes, both partners can either agree or allow the court order to itemize the property to be owned by which spouse. And since both of you are entitled, you are permitted to precisely own half of any possession in the treasure chest despite the amount contributed by one or the other. Thus, a legal regime entitles each of the couples to half of the whole community property.
General Separation of Property
With some couples, sustaining the community property legal regime operates well, but for others, they are fine with the matrimonial agreement when handling separate property. Whichever the case, it’s a good idea to consult with your spouse and decide on what works better for the interests of both of you.
When possessions are in distinct regimes, every spouse may utilize and enjoy their personal property as per their desire and without the permission of their partner. That means, they can sell, donate, use, or gift any of their separate property. Nevertheless, questions will still arise regarding the shared liabilities and expenses.
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Divorce is one of the most stressful times of your life. If you find the right attorney to help you through the process, you can alleviate some of the stress. When you meet with divorce lawyers in Lake Charles La, there are a few questions you’ll want to ask to ensure you are getting someone that is knowledgeable and will keep you informed. A few good questions to ask include:
1. What is your retainer fee?
Most lawyers will require you to pay a fee up front to show that you are serious about moving forward with your divorce. It’s important to know how much is expected so you can budget appropriately. Be sure to find out what your retainer covers. You will also want to know if any unused portion of your retainer will be refunded to you if decide to reconcile your marriage.
2. How does your billing work?
This is where most people have problems with their lawyer. You need to find out in advance exactly how you will be billed. Some lawyers prefer a flat fee that covers everything. Others, however, prefer to itemize your bill, with each step having its own fee. If your bill is itemized, you may see fees for things like professional services, letters and notices, and many others. Some attorneys may bill by the hour, broken down into increments. It is important to know exactly how you will be billed so you’re not surprised later
3. What kind of experience do you have?
Demand that your lawyer is honest about their experience. You will want to know how long they been practicing family law in your state and jurisdiction, and what percentage of those cases have been divorced. Since divorce law differs between the states, you will want to be cautious about hiring someone who has most of their experience in another state. In addition to this, you will want to know that if your case goes to court, your attorney will be familiar and comfortable with the local court system.
4. Who will be working on my case?
Many attorneys will have a team of people helping them out. You will need to know who will oversee your case and who you should get ahold of if you have any questions.
5. How long should my divorce take?
This is usually a tricky one for your attorney to answer since the exact length of time will depend on how cooperative both parties are. If there is a custody battle or real estate issues, your case can take longer to settle.
6. Will I get copies of all the documents regarding my case?
You will want to hire a lawyer that will provide you with a copy of everything that is received or sent about your case.
By addressing these questions, and any others you may have, you will be better prepared to find the right attorney in Lake Charles, La. for you while eliminating a few areas of stress.
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A personal injury case needs the assistance of an experienced legal professional. The law favors the well-prepared, and those that proceed without legal help run the extreme risk of failing to obtain their full measure of justice. Personal injury lawyers provide an essential service to the public. They furnish specialized legal services, helping victims obtain fair and just compensation for their injuries, emotional suffering, pain, medical costs, and losses. Personal injury lawyers focus on helping persons injured by negligence in automobile accidents or by defective products. These lawyers represent persons injured by medical negligence and medical malpractice. Personal injury attorneys can help regain the financial status that an injured person might have had but for the negligence or wrongful conduct of a person or a product.
Preparing the Case
The attorney can investigate the case, gather evidence and acts, and determine the best way to proceed. It is essential to contact an attorney as soon as possible after an accident or injury event. Fast action can help preserve witness accounts, gather evidence from a scene, and make important observations before artifacts change or are lost. If you were injured by another’s negligence, then it is vital to get a legal consultation as soon as possible. Do not delay; the best approach is to call right away.
A Fair Settlement
Offering a no-cost consultation, personal injury attorneys can advise on the merits of your claim and the types of compensation you may be able to receive. These trained and experienced legal advocates can negotiate with insurance companies and prepare a case for a trial by jury so that the courts can assign responsibility and determine the amount of damages. Insurers attempt to settle cases at low levels of compensation. They will often offer a low settlement in cases in which the injured person and their family experience severe injuries and high levels of economic losses and medical expenses. The attorney will present facts and advocate for a settlement sufficient to cover past and future medical care, past and future monetary losses, and the injured person’s pain and suffering.
A Winning Trial Strategy
An attorney’s experience and skill are essential elements of a successful trial. The attorney must present evidence to a judge and jury that carries the burden of proof. The recovery depends on winning the trial and proving to the jury the level of pain and suffering needed to support a successful verdict.
If you or someone close to you has been injured due to the negligence of another, you should consider consulting with experienced personal injury lawyers. The law limits the time to pursue claims or compensation, and you must act to enforce your rights. A personal injury lawyer will not charge a fee unless he or she wins a settlement or judgment in your favor. Don’t delay, time lost can hurt your case; call for an appointment today.
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Allow Our Personal Injury Attorneys Review Your Case
If you were injured through no fault of your own you are probably wondering what direction you need to take. You are probably wondering if you need to file a lawsuit against the responsible party, but are reluctant to move forward because you are not sure if you even have a case. Here at the Lundy Law Firm, we understand the confusion and the uncertainties people have after they sustain injuries due to the negligence of others. This is why we encourage people to seek the counsel of a personal injury attorney in Lake Charles to have the elements of their case evaluated. Here are some of the things a personal injury lawyer can offer you.
A Thorough Review of Your Case
Oftentimes when people are injured in an accident and they are thinking about suing, they write down the things they believe are the most important. An experienced personal injury attorney knows what is needed in terms of information about different types of accidents to build the strongest cases possible for their clients. They hone in on every detail, and all of the specifics of an accident by asking questions regarding the time and the date of the accident, what the weather was like when the accident occurred and how many people were involved in the accident.
They Have A Team of Experts
Depending on the type of accident you were in, your medical records are subject to play a significant role in your case. Attorneys representing defendants in personal injury cases often request the medical records of the plaintiff because they use them to try to make a case to counter whatever claim the plaintiff has made. Their sole purpose is to find evidence to convincingly prove the plaintiff’s injuries were not caused by the accident because the plaintiff already had a prior injury. In in our office, we work with a team of experts which includes but is not limited to: lawyers, doctors, legal nurse consultants, traffic consultants, people from the automobile industry that specialize in automobile collisions and other professionals within the medical field. These experts review the details of our client’s cases, and review their medical records. We then come together to create a narrative out of the information reviewed to build a solid case.
You Are Our Priority
Here at the Lundy Law Firm, we make every client that walks through our doors a top priority. Our team of professionals recognize that injured victims have bills to pay and other responsibilities they need to meet. This is one of the reasons why we work with doctors and other medical professionals to make sure our clients get medical treatments they need. Like many personal injury attorneys, we take many of our cases on a contingency basis. This means that we are going to do everything in our power to get you a settlement you deserve, but if we have to go to trial we go prepared to win because if you don’t win we don’t either. Contact us today to schedule an appointment to have your case reviewed a personal injury attorney in Lake Charles, LA.
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