Louisiana Recent Legal Answers from Lawyers

You cannot marry another without having your former marriage terminated. In every state, there is a record of marriage. In Louisiana, the office of the state registrar compiles and issues vital records for Louisiana citizens including for marriage. You can access the website at new.dhh.louisiana.gov. You can also check the records to see whether there has been a divorce filed by your marriage partner. If not, you can begin a divorce action on your own. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  ... Read Answer

I don't think you can.  Your wife owes an obligation to the lender.  The lender is under no obligation to release her from her obligation.  Of course it will if you meet its criteria for refinancing, but it seems that you do not.  The best you can do is to contract with your wife that, if she is ever called upon to pay anything on the loan, you will indemnify her.  Of course, if she ever had to pay on the loan, it probably means that you were unable to pay it, and thus would be unable to indemnify her anyway, but it's better than nothing.  If you pay the loan on time, however, your wife has nothing to worry about.... Read Answer

Assuming the accident happened in Louisiana - almost all police jurisdictions in Louisiana refuse to report on accident occurring on private property. So it wouldn't matter whether or not either of you called the police - they likely would have told you they don't report on accidents occurring on private property. You can contact your local sheriff's office or police department and inquire.    Second - the other driver is trying to scare you. If it was a hit and run, how would he have your information? And text messages and phone records will show otherwise - that you and he have been in constant contact.    I would call  your local law enforcement agency and 1)  ask about the issue of accident reporting on private property; and 2)  see if they will take a report about  either the accident or this guy blackmailing you (he's claiming he will make up a crime that you committed unless you pay him – you committed no crime and therefore it's extortion). ... Read Answer

We would need a bit more information to see if there was negligence on the part of the correctional facility. We have a criminal law section and a civil rights of our firm that handles these claims. Please feel free to call us at 504-522-5607 so we can learn more details.    Thank you, julie Quinn ... Read Answer

Possibly. Your girlfriend can marry you as slaw full permanent resident. She does not need to wait to become a citizen. Once married, she can start the immigration process for you. Depending why you were deported, you may be able to return to the U.S. You may require a waiver to return. You should consult an attorney. In the interim, you can read more about family immigration at http://myattorneyusa.com/family-immigration.... Read Answer

Your mother had the right in her will to leave her assets to anyone she wanted to, including her husband, unless one or more of her children were a "forced heir," meaning someone under the age of 24 or incapable of taking care of his own affairs. Remarriage of a surviving spouse does not affect the will. You may be thinking of the usufruct of a surviving spouse over the decedent's share of the community property, to the the extent that the decedent did not dispose of it by will, which usufruct terminates upon remarriage of the surviving spouse. This usufruct is granted under Louisiana Civil Code Article 890.... Read Answer

If you have allowed him to keep the girls for 10 months in another state without asking for court intervention that state is now the children's home state and you will have to seek custody in that new home state. Under Louisiana law, when there is no custody agreement, either parent has an equal right to physical custody so basically whoever has them can keep the children. I know you did not "let" him keep them and you wanted the children back but the fact that you did not seek a court order for child custody for nearly a year has allowed him to be able to claim the state he is living in is the proper state to determine custody (if he has been there that long).... Read Answer

Please call my law partner regarding this matter.  He handles bad faith against insurance companies, and would need to see if the Home Warranty company is covered by these bad faith statutes and what your best recourse is.   Justin Alsterberg 504-522-5607 justin@quinnalsterberg.com   Thank you, Julie Quinn ... Read Answer

You can purchase the A/C unit and deduct from your next months rent under civil code article2694.  Put your demand in writing and your intention to buy the unit and deduct from your rent.    Art. 2694.  Lessee's right to make repairs If the lessor fails to perform his obligation to make necessary repairs within a reasonable time after demand by the lessee, the lessee may cause them to be made.  The lessee may demand immediate reimbursement of the amount expended for the repair or apply that amount to the payment of rent, but only to the extent that the repair was necessary and the expended amount was reasonable.... Read Answer

Put everything in writing. Write a demand letter letting him know that if he doesn't fix X by ___ date, you will make the repairs yourself and deduct from your rent, as allowed by Louisiana Civil Code article 2694.   Art. 2694.  Lessee's right to make repairs If the lessor fails to perform his obligation to make necessary repairs within a reasonable time after demand by the lessee, the lessee may cause them to be made.  The lessee may demand immediate reimbursement of the amount expended for the repair or apply that amount to the payment of rent, but only to the extent that the repair was necessary and the expended amount was reasonable.   Good luck, Julie Quinn ... Read Answer