Say what?? What is my divorce lawyer talking about? Definitions to a few common legal terms

Marie Hillman • October 8, 2015

Legal terminology can be confusing. Knowing the meaning of a few legal terms will make it easier to understand what is happening with your Louisiana divorce. […] The post Say what?? What is my divorce lawyer talking about? Definitions to a few common legal terms appeared first on Hillman Law Firm.

Legal terminology can be confusing. Knowing the meaning of a few legal terms will make it easier to understand what is happening with your Louisiana divorce. Here is a list of some of the legal terms you may encounter:

Common Legal Terms in Louisiana Divorce

ANSWER: a response to a petition, which can include statements agreeing with and/or disputing the statements made in the petition.

CLERK OF COURT: a court officer responsible for filing papers, issuing process, and keeping records of court proceedings as generally specified by rule or statute.

COMMON-LAW MARRIAGE: a marriage that takes legal effect without license or ceremony, when a couple lives together as husband and wife, intending to be married, and treats themselves as married in their dealings with other people. Louisiana does not recognize common-law marriage.

COMMUNITY PROPERTY: property owned in common by husband and wife as a result of its having been acquired during their marriage.

DEFAULT JUDGMENT: a judgment against a defendant who has not responded to a lawsuit.

DEFENDANT: a person who is sued.

FILING: giving the Clerk of Court the documents of your lawsuit and paying the appropriate fees.

GROUNDS FOR DIVORCE: the legal basis for a divorce. In Louisiana it is not necessary to ask for a divorce on specific grounds. A divorce can be granted solely on the basis that one of the parties no longer wishes to be married and have lived apart for the correct amount of time

JUDGMENT: a judge’s ruling

LIVING SEPARATE AND APART: the requirement for a divorce that you live physically separate. In both the Art. 102 and Art 103(1) divorces, you must live separate and apart for a required time.

MOTION: a request to the court for a specific ruling or order.

NOTARY PUBLIC: a person authorized by the state to administer oaths, certify documents, and attest to the authenticity of signatures.Often shortened to Notary.

ORDER: a written command, direction or instruction delivered by a court or judge.

PARTY: one of the people involved in a lawsuit. It can refer to either the petitioner‘s or plaintiff‘s side or the respondent‘s or defendant‘s side.

PETITION: a formal written request presented to a court to start a case.

PETITIONER: the party who presents the formal written request to the court to start a case also called the Plaintiff

PROPER PERSON OR PRO SE: representing yourself in court without an attorney.

RECONCILIATION: voluntarily getting back together with your spouse with the intent to stay together. One or two moments of intimacy without intent to stay together is not a reconciliation

SEPARATE AND APART: husband and wife living apart from each other, along with at least one spouse’s intention to dissolve the marriage.

SEPARATE PROPERTY: property that one spouse owned before the marriage, or acquired during the marriage by inheritance, or has designated as separate by agreement

SERVE: to make legal delivery of a notice or process. This is generally done by the a sheriff deputy

SUBPOENA: a form issued by the court requiring a party to appear in court.

VERIFICATION: a written statement made by a party in the presence of an authorized officer, such as a Notary Public, in which the party swears to the truth of the statements s/he is making,

WAIVER OF CITATION AND SERVICE: a document signed by the defendant spouse in front of a notary which says s/he agrees not to have to be served by the Sheriff with the divorce petition or rule. Signing a waiver does not mean that the person agrees with what is written in the petition or rule but that s/he has received the documents

The post Say what?? What is my divorce lawyer talking about? Definitions to a few common legal terms appeared first on Hillman Law Firm.

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Do You Have a Louisiana Will?

By Marie Hillman • December 30, 2021

Do you have a Louisiana will? Do you need a Louisiana will? These are important questions to consider. A valid Louisiana will can not only legally […] The post Do You Have a Louisiana Will? appeared first on Hillman Law Firm.

What is a Louisiana Succession, and do you need to do one?

October 29, 2021

When a person dies in Louisiana and leaves behind assets that need to be transferred into someone else’s possession a Succession is generally opened. This process is called Probate in other states There are different types of Successions in Louisiana which include: Intestate Succession There is no will and assets are distributed according to the laws of Louisiana which gives preference to children and surviving spouses. Testamentary Succession A will has been left and the named hairs are put into possession Affidavit for Small Succession A legal affidavit that distributes assets when the total value of the Succession is under $125,000 and there is little-to-no debt. It is important to note that not all assets go through the Succession. Life insurances pay-outs and investment retirement accounts with a named beneficiary are not considered assets of the Succession. If a family member of yours has passed away and you need assistance with transferring the assets through a Succession, please call me. I am here to answer your questions and guide you through the legal process.