Allison & Allison

10/06/2023

Switching from a live show to a weekly newsletter. It will have the same content I was planning for the show, but now you can peruse it at your convenience.

Self-Representation Newsletter

10/03/2023

Well, lot's of technical problems with my live show. Hopefully, I will have them ironed out by next week...

10/02/2023

Can you smell what we've got cookin'?

Our show goes live in 2 hours! Our exclusive offer to viewers: $100 credit towards legal services! (Get a legal document reviewed for free!)

10/02/2023

LIVE Family Law Q&A Show Tonight! 7 pm!
https://www.facebook.com/events/698932171587044

09/28/2023

Our first LIVE episode of "Attorney in Your Corner" is about how to fill out a DIY Divorce Petition. What would you like to hear about next?

12/14/2021

11/09/2021

It's a good idea to try and avoid court if you can. Most matters that you go to court for are on what's called a "rule day." A rule is a hearing; it's not a full blown trial.

Often there will be around twenty things on the docket on rule days. The judge will go through the list and find out who is there and ask how long it will take, because a lot of times the cases are settled prior to the rule day. Sometimes the the case could take five minutes or it could take hours and have witnesses involved.

After the judge has gone through the docket he will put the cases in order beginning with the case that requires the least amount of time. So, the longer and more involved the case is, the later in the day it will be heard and the more likely that it might not be heard at all that day. The case could be reset for a special day or the parties could be told to come back again on another rule day in a month or two.

This is why it's a good idea to see what could be worked out ahead of time because it's an enormous waste of time and waste of money if there are a lot of things to fight over. The more you can work out prior to the rule day, the less time a hearing will take, the earlier it will be heard, and the more likely you wouldn't have wasted the day. The moral of the story is that it's best to work things out as much as possible prior to court.

11/02/2021

In most divorces, we have to call witnesses to finalize the divorce. Two witnesses are needed and if you are called as a witness, it is because you are a witness to the fact that the parties have lived separate and apart for a certain period of time.

In your testimony, we will ask you these questions: do you know the parties? Do you know if the parties have been separated for six months / a year?

Then, an important question you will be asked is: "would you know if the parties have gotten back together?" The answer should be that yes, you would know. You should be able to say that you see one of them regularly enough that you would know if the two of them were living together.

That is called the "foundation." It means, we are showing that you are in a position to answer the important question: "have they actually gotten back together as husband and wife?" Hopefully the answer to that question is "no," otherwise the divorce is not happening.

07/30/2021

If you plan to move a considerable distance or out of state with your child without the other parent's full consent, there may be certain procedures you have to follow. A series of Louisiana Revised Statutes starting with 9:351.1 lay out the rules for relocating a child.

If the law requires you to give notice to another parent or custodian of a child about your intended move, you are required to give 60 days notice. If it is an emergency and you couldn't have known about the move in time, then you have 10 days from when you found out.

Here is what La RS 9:355.5 requires you to send:

1) your current mailing address
2) the address of your new residence if known, or as specific information as you have
3) the new mailing address if it isn't the same
4) your home and cell phone numbers
5) the date you plan to move
6) a statement of the reasons for the move
7) a proposal for a revised schedule of custody or visitation with the child
8) a statement that they shall make any objection to the proposed relocation in writing by registered or certified mail, return receipt requested, within thirty days of receipt of the notice and should seek legal advice immediately.

If you don't have all this information when you send the notice, you have a continuing duty to provide it as soon as it is known to you.

If you don't follow these rules and move anyway, it will look very bad for you in a future custody proceeding and could be the grounds to lose custody altogether. So, be careful before you move and talk to an attorney.

Give us a call if you have more questions.

03/10/2021

Divorce starts with filing a petition. That document starts the legal process and lays out the things that need to be resolved. The grounds of divorce is typically living apart for a time, either 6 months if you don't have children or a year if you do. That time period can either end before you file or can start with the filing and service of the papers on the spouse.

Let's say we start the period after we file. The petition will say that you intend to live separate and apart for the required amount of time, but it will also spell out the things that need to be settled right away such as custody, support, and use of the house and vehicles.

A hearing will be set to deal with those things, usually about a month or so after the filing. We typically deal with these, what are called "ancillary" matters fairly quickly, then the finalizing the divorce is more of a formality - by then most if not all of the work of splitting up has already been done.