Find free or affordable legal help near you. Legelaid.com connects you with trusted legal aid resources, lawyers, and services

Legelaid.com

Your Gateway to Free and Affordable Legal Aid Services in the U.S.

About Services Contact

Need Legal Help?

Legelaid.com connects individuals and families to legal aid organizations offering free or low-cost legal assistance in areas such as housing, family law, immigration, and more.

Popular Legal Aid Topics

• Family Law (Divorce, Custody)
• Eviction & Tenant Rights
• Immigration Assistance
• Disability & Social Security
• Criminal Defense Help

Find Legal Aid by Location

• New York
• California
• Texas
• Florida
• Illinois

How Legelaid.com Works

1. Enter your location and legal issue.
2. Browse verified legal aid options near you.
3. Contact providers directly for support.

© 2025 Legelaid.com. All rights reserved.

The main stages of an estate liquidation - Legel questions and answers

The main stages of an estate liquidation - Legel questions and answers

When a person dies, all the property they own goes to their estate. We must then proceed to the "liquidation" of this succession, so that its assets are distributed according to its wishes.

The liquidator is the person in charge of the liquidation of the succession. He must ensure that he manages the assets of the estate in the interest of the heirs. To achieve this, he must follow a number of steps.

Step 1: Obtain proof of death

A death can be proven by a copy of an act of death or a death certificate. These documents are issued by the Registrar of Civil Status; The liquidator will need one or the other of these documents, or even both, depending on the information desired by the various organizations with which he will do business.

  

Warning! The death certificate made by the doctor and the death certificate provided by the funeral home are not valid documents for the liquidation.

Step 2: Find the last will

The liquidator must search for the last will made by the deceased.

The liquidator must then search through the papers of the deceased to try to find a will made by hand or in the presence of witnesses. If the deceased made several wills, the liquidator is required to use the most recent of them to liquidate the estate. This verification is therefore necessary, even if a will is registered in the registers of wills.

The liquidator must finally check.

If the deceased had a marriage or civil union contract.

If this contract contains the clause "To the last living the goods". This clause may provide for a gift upon death.

If the liquidator finds no valid will and gift, the law determines who can inherit from the deceased. For more information on this situation, see the article Dying without a will.

Step 3: Have the will probated (when it is not notarized)

The liquidator must have the will verified if it is a will made by hand, made before witnesses or made before a lawyer. Probate of a will is a procedure before a notary or in court. The purpose of this procedure is to ensure.

Step 4: Register a Notice of Appointment of Liquidator

A person who agrees to be liquidator of a succession must register a notice of designation in the Register of Movable Real and Personal Rights (RDPRM). If there is an immovable in the estate (house, condos, commercial building, etc.), this person also registers a notice in the Land Registry.

These notices serve to make the identity of the liquidator public. They eliminate possible confusion about the identity of the person who manages the assets of the estate.

Step 5: Identify and contact heirs

The liquidator must contact all persons who can inherit and who have not yet accepted the succession (these are called “successors”). He then informs them of the opening of the succession.

Step 6: Close the deceased's accounts and open an account in the name of the estate

After the death, the financial institutions (banks and credit unions) freeze the accounts of the deceased. It is therefore preferable to close the accounts and open a new one in the name of the estate.

This account will be used, among other things:

to transfer the money of the deceased;

to deposit the money received since the death;

to pay the debts of the deceased.

To open an estate account, the liquidator must present certain documents, for example:

the death certificate or act issued by the Directeur de l'état civil du Québec;

will searches carried out in the registers of the Chambre des notaires and the Barreau du Québec;

a copy of the will.

Step 7: Identify the assets and debts of the deceased, produce an inventory and publish certain notices.

The liquidator makes an inventory of the property (house, car, bank account, RRSP, etc.) and debts (mortgage, loans, bills, etc.) of the deceased. He must sign this inventory before two witnesses or a notary.

Subsequently, the liquidator must register a notice of closure of inventory in the Register of personal and movable real rights, to confirm that the inventory has been made. A notice must then be published in a newspaper distributed in the locality of the deceased.

Attention! Some people can claim amounts from the estate, even if the will makes no provision for them. For example, the spouse married to the deceased could be entitled to a compensatory allowance. The children may be entitled to child support.

These amounts are part of the debts of the estate. The liquidator must therefore make sure to take them into account when drawing up the inventory of the estate.

In order to best determine these amounts, the liquidator should consult a notary or a lawyer.

Step 8: File tax returns and obtain tax certificates

Following death, the deceased AND his estate are taxed. The liquidator must therefore file the following tax returns:

the declarations of the deceased for the calendar year of death;

previous statements of the deceased that have not yet been filed;

statements of the estate for sums received and paid after death.

These declarations must be sent to the federal and provincial governments with the necessary documents, for example, the proof of death, the will and the will searches in the registers of the Bar and the Chamber of notaries. If there are amounts to be paid, it is up to the liquidator to take care of them.

Subsequently, the liquidator must ensure that he obtains the certificates authorizing him to distribute the property to the heirs. These tax certificates are proof that the deceased no longer owes the two levels of government.

At the federal level, this certificate is called a Clearance Certificate. At the provincial level, it is the Certificate authorizing the distribution of property.

Attention! If the liquidator distributes the assets to the heirs without having obtained the tax certificates, he could be obliged to pay from his own pocket the amounts that are due.

Step 9: Pay debts

When it is time to pay the debts, three situations can arise:

There are enough assets and money in the estate to settle all debts.

In this case, the liquidator must pay:

The debts of the deceased (e.g. electricity bills, mortgages, taxes, etc.);

Estate debts (e.g. funeral expenses, notary fees, taxes, etc.);

Bequests by particular title, that is to say the property that the deceased has clearly identified and left to A specific person (e.g. “I leave $5,000 to my friend Pierre”).

There is not enough money in the estate to pay all the debts, but there is enough property.

In this case, the liquidator can sell the assets of the estate to pay the debts. However, he must have the necessary authorizations.

There is not enough property or money in the estate to settle all the debts.

In this case, the liquidator must wait before paying the debts. It is therefore strongly recommended to consult a notary or a lawyer.

Step 10: Provide an account of the liquidation and proceed with the division of assets

At this stage, the liquidator gives the heirs a report of the liquidation, called the “final account”.

The final account is a document that informs the heirs of what remains in the estate once all legacies and debts have been paid.

When delivering the final account to the heirs, the liquidator may attach a proposal for partition. It is a plan of distribution of property to heirs. The heirs can accept or refuse this proposal.

If they accept it, the liquidator proceeds with the distribution of the assets according to what is provided for in the proposal. The liquidator is then relieved of his duties.

If the heirs refuse the final account and the partition proposal, the intervention of the court is then necessary.

Step 11: Register a notice confirming the end of the liquidation of the estate

Once all the assets have been distributed, the liquidator publishes a notice of closure of the liquidator's account in the Register of Personal and Movable Real Rights.

The three valid grounds for divorce - Legel aid issues

The three valid grounds for divorce

No one cannot divorce for any reason. The law provides three valid grounds for divorce: separation of the spouses for one year, adultery and physical or mental cruelty.

Warning! It is not necessary to obtain a legel separation (legel separation) before filing for divorce.

Reason for divorce 1: living apart for a year

To consider that spouses live separately, there must be an intention to no longer live together, to no longer share the life of the other.

The intention of the spouses to live separately is more evident if they no longer live under the same roof.

On the other hand, a spouse can file for divorce while living under the same roof as their spouse if they are able to prove that their intention is to live apart. For example, the spouse may submit that they:

Have a separate room;

Have no sexual relationship;

Communicate little or not at all;

Do not perform mutual domestic service (for example, preparing meals together or doing the other's laundry);

Do their grocery shopping separately;

Do not eat together;

Have independent social lives.

It will be up to the judge to decide if the spouses have actually been living separately for a year.

Ground for Divorce 2: Adultery

Committing adultery is having sex with someone other than your spouse.

Meeting a lover in secret is not adultery. It is absolutely necessary that the spouse has had sexual relations with this lover for the other to be able to invoke adultery.

Only the deceived spouse can use the ground of adultery to file for divorce. A joint petition for divorce for adultery is highly likely to be refused.

If the cheated husband has forgiven his husband's adultery, he can no longer use it as a ground for divorce.

Ground for divorce 3: physical or mental cruelty

We speak of physical cruelty when one of the spouses physically attacks the other.

Examples:

Beat her husband;

Hurt her husband;

Sexually abuse her husband.

We speak of mental cruelty when one of the spouses injures or makes the other suffer, but other than by physical aggression.

Examples:

Harass and insult her husband;

Despise or humiliate him;

Threaten him or his family;

Maintain a relationship with a lover.

Acts of cruelty must make cohabitation with another intolerable. To determine whether the cruelty has become intolerable for the spouse who suffers it, the judge generally analyzes:

The characteristics specific to each of the spouses (age, social condition, character);

The actions taken;

Their intentional nature;

Their frequency; and

Their consequences for the victim spouse.

Only the victim spouse can use the ground of physical or mental cruelty to request a divorce. A joint petition for divorce on grounds of physical or mental cruelty is highly likely to be refused.

If the victim spouse has forgiven the cruelty of his spouse, he can no longer use it as a ground for divorce.

Cohabitation contract between de facto spouses. Obligations of each during the common life

Cohabitation contract between de facto spouses

Couples who live in a de facto union can make a cohabitation contract to define the obligations of each during the common life and provide, for example, what will happen to property and children in the event of separation. The cohabitation contract is also called “cohabitation contract”, “de facto union contract”, “contract between de facto spouses” or “cohabitation agreement”.

The usefulness of the cohabitation contract

De facto spouses do not have the same rights as married or civil union couples. Thus, the cohabitation contract allows them to define themselves the rights they want to give themselves. All kinds of agreements between de facto spouses can be included in the cohabitation contract as long as they do not contravene the law.

The cohabitation contract allows de facto spouses, among other things, to agree on:

The sharing of responsibilities and the contributions of each during the common life;

The assets and debts that each has at the beginning of the life together;

How to share common property in the event of a breakup;

The terms of repayment of debts in the event of separation;

The payment of a sum of money, such as alimony, to one of the spouses in the event of separation. The amount can be paid in full once or in instalments or by giving property to the spouse;

The terms of review of the agreement in the event of changes in the situation of a spouse after separation.

Of course, the contract may contain certain points only.

Example

Mélanie quit her job to move to another city with her common-law partner, Sébastien. Mélanie and Sébastien make a cohabitation contract in which they provide that in the event of separation, Sébastien undertakes to pay compensation of $10,000 to Mélanie for her loss of income since she resigned from her job to live with her. Sebastian.

Example

Paul does not want to get married. He is a successful businessman and owns a lot of property. He has lived for 5 years with his boyfriend, Gilles, who does not have a very high income. Paul and Gilles decide to make a cohabitation agreement to allow Gilles to maintain a certain standard of living in the event of separation. The contract provides that Gilles can live all his life in one of Paul's residences and receive alimony of $15,000 per year until his death or until Gilles cohabits with another person.

Make a cohabitation contract

To make a cohabitation contract, as with any contract, de facto spouses must:

Be of legel age and not be under guardianship or protection mandate

Free and informed consent

The cohabitation contract can be: made at any time by the spouses;

verbal, but a written contract is more useful if there is a problem to prove it;

modified at any time by the de facto spouses. However, they must agree on the changes to be made.

A cohabitation contract is often a document tailor-made for the common-law couple. Its drafting is often complex and must be faithful to the wishes of the spouses. Consequently, it is recommended to consult a notary or a lawyer for the preparation and drafting of this document. The professional can be useful in order not to forget any essential element, advise the couple on aspects which they had perhaps not thought of, ensure that the agreements are well drafted and comply with the law and avoid, as much as possible, the emergence of problematic situations.

Elements that the cohabitation contract cannot include

Common-law spouses can make all kinds of agreements within themselves as long as they respect the law. Here are some examples of cases where the Court has ruled that clauses were not valid:

donations in a contract that is not notarized. Gifts must be made in a notarized contract, unless the donated property is given and owned immediately by the spouse;

the transfer of property in the event of the death of a spouse. Only a will can allow this;

decisions contrary to the best interests of their children;

It's almost impossible to list everything that might violate the law. This is why it is recommended to call on a lawyer or a notary for the preparation or validation of the cohabitation contract between the spouses.

Claiming a cohabitation contract

A contract is a contract. Spouses are therefore bound by their agreements. However, when the de facto spouses do not agree on an element of the cohabitation contract or refuse to respect the cohabitation contract, they can make a request to the courts. Common-law spouses with children can usually benefit from free mediation sessions.

De facto union: living together without being married, What are your rights

De facto union: living together without being married

A de facto union, also called “common law union” or formerly “concubinage”, exists between two unmarried people who live together for a certain period of time or who live together for a certain period of time and who have a child together. These people may be considered “common law spouses” under the law. It is not always necessary to live together! It is possible to share a life together without living under the same roof!

Attention! A de facto union and a civil union are two different situations. This article deals only with de facto unions.

Common-law spouses are not automatically married after a certain time

Two people can choose to live together without getting married. And even if they live together for 1 year, 3 years, 15 years or 40 years or have several children together, they will never “automatically” be married.

As a result, de facto spouses do not benefit from certain protections reserved for married couples, particularly in the event of separation or death.

The de facto spouse:

Does not benefit from the protection of the family residence if only one of the spouses owns or rents the residence;

Does not have the right to division of property in the event of separation;

Is not entitled to a “compensatory allowance” for the work carried out during the common-law union for the benefit of his spouse;

Does not have the right to seek alimony for him in the event of separation;

Does not inherit in the event of the death of his spouse if the latter has not made a will or if he has not designated him as heir in his will;

How to provide protections for common-law spouses

In case of separation… or not!

The cohabitation contract allows de facto spouses to agree on aspects of living together while living together. It may also provide for the protection of the family residence and other protections in the event of separation, such as a division of property, a compensatory allowance or alimony for one of them.

In case of incapacity

Any adult, de facto spouse or not, can prepare a protection mandate (mandate in anticipation of incapacity). This document contains guidelines for that person to take care of themselves and their finances in case they are still alive but unable to make decisions.

In case of death

The will is an essential document to benefit your de facto spouse in the event of death. Among other things, the will makes it possible to decide in advance who will be the heirs and their shares of the deceased's property.

The will is an important document for everyone. On the other hand, it is even more important for de facto spouses, because without a will, the de facto spouse does not inherit according to the law. In practice, this can lead to problematic and heartbreaking situations. Here are some examples:

The de facto spouse died without having made a will. Her spouse inherits nothing at all;

The common-law partner does not have a will. All his property is therefore handed over to his children. As half of the house belonged to him, the surviving spouse finds himself co-owner of the house with the children;

The common-law partner was still legally married to another person. Since he has never divorced, his husband can inherit if he had not made a will or even claim a division of property or alimony from the estate.

In addition to the will, the de facto spouse can take out life insurance in favor of their spouse. Life insurance allows the surviving spouse to have a financial boost, whether for example to compensate for the loss of income of their deceased spouse, to pay funeral expenses or to pay tax on the property of the spouse. deceased.

Regardless of the situation, good succession planning allows you to predict in advance what will go to the common-law partner, in addition to maximizing the inheritance you will leave and avoiding potentially problematic situations as much as possible.

Common-law spouses are entitled to certain benefits in the same way as married people

Many people mistakenly think that they are automatically married if they live with their spouse for a certain period of time. This popular belief may come from the fact that common law spouses have the same advantages as married spouses in specific cases.

However, for all these advantages – often of a social nature – there is no uniform definition of what a de facto spouse is! Sometimes a couple can be considered common-law in a situation and other times not! It all depends on the type of situation and the laws governing it. Most situations use one of the following criteria to determine the existence of a common-law relationship:

two unmarried people who live together and publicly identify as a couple;

two unmarried people who live together for a certain period of time (sometimes 1 year, sometimes 3 years);

two unmarried people who live together AND have a child together (biological or adopted);

two unmarried people who live together for a certain period of time (usually 1 year) AND have a child together (biological or adopted) .

Sometimes a person can be a common law spouse of someone even though in reality they are still legally married or united to another person! Thus, it is better to find out from the available resources to find out if you are considered de facto spouses according to the law.

The right of the family: to know everything! Divorced, Succession, The right of grandparents

The right of the family: to know everything!
Divorced
Succession
Domestic violence
The right of grandparents
Family law is a branch of civil law that governs and organises the legal relations between different members of the same family. Family law essentially defines two types of family ties: alliance ties (couples) and kinship ties (ascendants and descendants).

Regarding the alliance, family law sets the rules for marriage, PACS, concubinage and divorce. For example, it groups together the laws and regulations that govern the conditions and effects of marriage.

Regarding kinship, family law defines, among other things, all existing legal relationships between parents and their children. It sets the rules of filtration, adoption, lists the consequences of parental authority, defines the right of grandparents, etc.

The judge in charge of enforcing family law is the family court judge. The JAF sit in the courts of first instance. The rules of family law are contained in the Civil Code.

Internet is not a lawyer and neither are you. Talk to a REAL lawyer about your legal problem

Divorced
Each year, about 60,000 couples divorce in France. The 2005 divorce reform has made divorce procedures much simpler, but divorce is still a difficult part of life for those involved.

The cost of divorce and the stages of divorce (convention, conciliation, assignment) vary according to the type of divorce chosen: divorce for fault, divorce by mutual consent, etc. The effects of divorce (alimony, parental authority, custody of children ...) concentrate the bulk of the conflicts.

Succession
Succession is an important step, even if evoking it is not always easy. There are several ways to ensure the transmission of one's inheritance: will, bequest, gift, life insurance, etc. Each has its advantages and disadvantages. The inheritance tax is not the same depending on the solutions chosen.

Succession gives rise most of the time to a situation of temporary in division. The division of property and the settlement of in division may give rise to disputes between heirs. Hence the importance of predicting his succession during his lifetime.

Domestic violence
No one is safe from domestic violence, especially when you are a woman. Women are the first victims of domestic abuse. Domestic violence can take different forms: sexual, physical, moral, psychological or even economic violence. Children are not spared from domestic violence either. Every year, children die as a result of domestic violence.

If you are a victim of domestic violence, you must act. There are several possible actions to put an end to the violence you suffer. Emergency telephone numbers for victims of violence within couples have been set up by associations or public authorities, including the 3919.

The right of grandparents
We sometimes forget that grandparents have rights to their grandchildren, as adults. Often unrecognised, these rights do indeed exist and are included in the Civil Code.

For example, grandparents have the right to maintain relations with their grandchildren even against the parents' wishes: this is the right of access and accommodation. They can also intervene if their minor child is in danger. If you are in need, you can also receive child support from your grandchildren.

What is the difference between marriage annulment and divorce?

What is the difference between marriage annulment and divorce?
What is the marriage annulment?
What are the consequences of the marriage annulment?
In which cases can it be requested?
The annulment of marriage and divorce are two different procedures that lead to the same consequence: the dissolution of marriage.

What is the marriage annulment?
A marriage that does not respect the legal conditions of marriage is invalid. The marriage can be challenged and cancelled.

The annulment of the marriage carries special consequences: the marriage is deemed never to have taken place, the partners finding themselves in the same situation as if they had never been married.

Need a lawyer?
Internet is not a lawyer and neither are you. Talk to a REAL lawyer about your legal problem

In order to be accepted, the marriage annulment application must be based on valid reasons: no longer wanting to live with her husband one month after the marriage is not a valid reason.

In this example, the procedure should be that of divorce.

The conditions of validity of a marriage depend closely on the conditions under which the marriage took place.

The request for cancellation can only come from one or the other of the spouses, or both spouses jointly.

The cancellation request may however in some cases come from a person outside the couple but interested (friend, child, family).

Since 2006, the public prosecutor can also request the annulment of a marriage for certain serious cases (forced marriage for example).

In all cases, the marriage annulment application is examined by the civil judge of the High Court (and not by the family judge!).

It is the civil judge who, if necessary, pronounces the nullity of the marriage and cancels it.

The person requesting the annulment of the marriage must provide the evidence justifying the cancellation.

What are the consequences of the marriage annulment?
In cases where only spouses can apply for cancellation (see list below), the time limit for requesting the annulment of marriage is 5 years.

In other cases, the deadline is 30 years (from the date of the marriage celebration).

If the judge decides to cancel the marriage, it is possible to appeal this decision within a month to the Court of Appeal (one month from the notification of cancellation).

Lastly, it is possible to appeal on points of law to set aside the decision of the Court of Appeal within two months of notification of the decision by the Court of Appeal.

A cancelled marriage is, unlike the divorce that stops the marriage, considered never to have existed. The two "married" are then deemed to have lived in concubinage.

Important: the effects of the annulment of a marriage are retroactive, again unlike divorce whose effects only concern the future.

Donations and other matrimonial benefits are also returned between the spouses. On the other hand, the effects of the cancellation do not concern children.

Each parent retains the exercise of parental authority. The judge may determine the award and amount of support.

In which cases can it be requested?
Marriage can only be cancelled in certain cases provided for by French law.

Here are the cases provided for by law:

One of the couple was a minor at the time of the marriage
One of the spouses was mentally ill at the time of the marriage
One of the spouses was already married at the time of the marriage. As a reminder, polygamy is prohibited in France. You can only be married with one person at a time
The spouses are related. As a reminder, the law prohibits incest
One of the spouses was forced to marry. Forced marriage is prohibited by law
One of the married couple married under threat
One of the spouses was not present at his own wedding
The registrar who celebrated the marriage did not have the legal power to do so (incompetence of the registrar)
One of the spouses lied to his spouse on a point that is essential to the future of the couple or himself (we are talking about consent in error)
Finally, since it is also a question of recalling the laws applicable to marriage, white marriage is prohibited in France.

A marriage is white when it is concluded not to found a home but to benefit from the benefits conferred by law to married couples.

In the following cases: marriage by mistake, marriage of a minor or marriage under threat, only one of the spouses may request the annulment of the marriage.

In other cases, anyone interested in the marriage may take action to request the annulment of the marriage.

Refusing divorce: knowing your rights - I do not want to divorce

Refusing divorce: knowing your rights
I do not want to divorce: know my rights
My spouse does not want to divorce: what should I do?
In general, it is impossible to force a person to stay married against his will. The divorce will eventually be pronounced, despite the refusal of one of the spouses.

I do not want to divorce: know my rights
If you do not want to divorce but your spouse wishes, you can not oppose his decision. You can not force a person to stay married against their will.

Good to know: it is possible to ask your spouse to perform family mediation to try to reconcile.

Need a lawyer?
Internet is not a lawyer and neither are you. Talk to a REAL lawyer about your legal problem

I am looking for a lawyer specialising in divorce, inheritance, labor law ...

Of course, if you refuse to divorce, you will be able to cancel the divorce procedure by mutual consent and divorce proceedings on acceptance of the principle of marriage breakdown.

These two forms of divorce imply the agreement of both spouses.

If, therefore, your spouse sends a divorce petition for mutual consent or acceptance of the principle of marriage breakdown, you will have to attend the conciliation hearing before the Family Court Judge.

Your presence is more than recommended. Only, at the time of the said hearing, you will only have to express your refusal to divorce before the JAF so that the petition for divorce becomes null and void.

On the other hand, the divorce for fault and the divorce for definitive alteration of the conjugal bond do not necessarily imply the agreement of both spouses.

Your spouse may be able to divorce you against your will through these two procedures.

However, he must prove that you have committed a fault in the case of divorce for misconduct, or that he proves that the common life has stopped for at least two years in the case of divorce for permanent alteration of the conjugal bond .

It is then your responsibility to show, with supporting evidence, before the Family Court Judge at the time of the Conciliation Hearing that no misconduct has been committed or that the cohabitation has ceased for less than two years.

If you succeed, the divorce petition will lapse.

My spouse does not want to divorce: what should I do?
You are in the opposite situation: you ask for a divorce but your spouse refuses to divorce.

Based on what has been said above, we deduce that you will:

Be able to prove that your spouse has committed one or more mistakes. If you succeed, the divorce can be pronounced without the consent of your spouse.

Either prove that the common life has stopped for at least two years. If this is the case, the divorce will be automatically pronounced, without your spouse agreeing.

As we can see, divorce for definitive alteration of the conjugal bond is the only "way out" if your spouse does not want to divorce and has not committed a fault. This sometimes implies patience (two years to wait from the separation).

Divorce without a lawyer: what you need to know - Can we divorce without a lawyer?

Divorce without a lawyer: what you need to know
Why is the lawyer so important in a divorce?
Can we divorce without a lawyer?
The answer is clear: it is not possible to divorce without a lawyer.
Why ? Here is the answer.

Why is the lawyer so important in a divorce?
The lawyer plays a very important role in the divorce proceedings. Moreover, whatever the chosen divorce procedure, his presence at the conciliation hearing before the Family Court Judge is mandatory.

Need a lawyer?
Internet is not a lawyer and neither are you. Talk to a REAL lawyer about your legal problem

I am looking for a lawyer specialising in divorce, inheritance, lobor law ...

The lawyer plays three key roles in any divorce proceedings:

Role 1 - He advises his client on what it is best to do or not, he informs his client on the issues of divorce, on possible difficulties, on the applicable texts, on the various procedures available to him ( see the different types of divorce) and also the consequences of divorce (child custody, alimony, housing etc.).

Its advisory and information role is exercised both before the initiation of the procedure and during the procedure. He somehow directs the process and develops a strategy on behalf of his client based on what he wants.

Role 2 - The lawyer drafts the divorce petition. A petition can only be written by a lawyer, and it is the petition that starts the divorce proceedings.

It is also the lawyer who writes the divorce agreement (even if in law it can be written directly by the spouses), in the case of a divorce by mutual consent, the petition for divorce and the conclusions to destination of the judge.

The lawyer is also responsible for forwarding the divorce decree to the civil status office, once the divorce has been pronounced. The role of the lawyer is therefore key;

Role 3 - The lawyer represents "his" client before the family court judge of the High Court at hearings.

Or possibly "his" clients, if the spouses decide to choose the same lawyer (this concerns only the divorce procedure by mutual consent);

Given these crucial roles of the lawyer, it is very important to choose your lawyer for the divorce.

Can we divorce without a lawyer?
It follows from what has just been said that it is impossible to divorce without a lawyer. We must be wary of websites that offer a divorce without a lawyer. It's simply impossible.

Note on the special case of divorce by mutual consent. Some sites put forward the idea that a divorce without a lawyer is possible in case of divorce by mutual consent.

Yet it is a mistake: only a lawyer can file a divorce petition. In addition, all divorce proceedings - including an amicable divorce - involve a hearing before the Family Court Judge.

Assessing the length of the divorce process can be complicated

Assessing the length of the divorce process can be complicated

Assessing the length of the divorce process can be complicated. Here are the factors that can influence it.

The divorce petition is only the beginning!

The receipt of the divorce application is just beginning the divorce process.

Spouses can get their divorce in a few:

weeks;

month;

years.

The duration of the divorce process will depend in particular on: the ground of divorce invoked;

The ability of the spouses to agree on the consequences of their divorce; their ability to obtain the documents and evidence necessary for the divorce;

The speed of processing court files where the divorce is requested.

For example, if the spouses do not agree, we usually talk in terms of years to get the divorce decree.

Amicable divorce - Divorce is never easy.

Divorce is never easy. However, it can be less painful if the spouses agree on how to end their marriage. This article discusses different ways to divorce amicably.

Joint divorce

Amicable divorce - Divorce is never easy.

Joint divorce is a two-way divorce. The spouses ask for divorce together with the same paperwork. They are therefore co-applicants of the divorce.

Here are the conditions for a divorce to jointly ask:

The spouses must agree on all the consequences of their divorce, custody of children, child support, alimony for spouses, sharing of the value of property, etc.

There must be no point of contention between the spouses, for example, they must agree on the date on which they ceased to live together.

The reason for the divorce must be separation for more than a year. Adultery and physical and mental cruelty can not be invoked.

If the spouses choose to retain the services of a single lawyer or notary to draw up their agreement and the divorce paperwork, that lawyer or notary must advise and be faithful to both spouses, that is to say that he can not favour the position of one to the detriment of that of the other.

Divorce on consent

Spouses are not obliged to divorce together, even if they agree.

In other words, spouses can divorce amicably, but they do so separately. For example, this would be the case if the spouses are in one of the following situations:

They each want to be represented by their own lawyer.

One of the spouses wishes to invoke adultery or physical or mental cruelty as a ground for divorce.
The divorce is already requested by one of the spouses and they reached an agreement later in the divorce process.

Spouses do not agree on all the consequences of divorce, for example, they agree on the custody of children but not on sharing the value of their property.

The spouses can record the points on which they agree in a written agreement that they will sign. This agreement can also be called a "draft agreement" or a "consent".

The agreement may be converted into a judgement and become part of the divorce judgement between the spouses.

How to turn the agreement into judgement depends on the situation of the spouses. Consult a lawyer to find out more.

The obligations of the doctor towards his patients

The obligations of the doctor towards his patients

Depending on the nature of the consultation, the doctor makes a diagnosis, prescribes a treatment and follows up on it. Here are the doctor's obligations to his patients.

What are the obligations of a doctor to his patients?

A doctor has a very wide responsibility towards his patients. It covers everything it can do but can also cover the directives it gives to its auxiliaries, such as nurses, externs and residents.

Here are the main obligations of a doctor:

The obligation to diagnose and treat the patient, In law, it is said that the doctor has an obligation of means (and not of result) towards his patients. This means that he must take the appropriate means at his disposal in order to make a correct diagnosis, treat the patient and follow up with him on his condition.

A physician must act in accordance with current science data and use commonly recognised treatments.

He must give his patients conscientious and attentive care.

The doctor must act within the limits of his competence. When in doubt, the doctor should inquire or refer the patient to a specialist physician.

The duty to treat involves prescribing proper medication, informing the patient of the advantages, disadvantages, risks, and alternatives to a proposed treatment or operation and providing adequate follow-up of their condition in a timely manner. For example, following an intervention, the doctor must ensure the medical follow-up required by the condition of the patient unless he has made sure that a colleague or another professional can do it for him.

The obligation to inform

The doctor must inform his patient in order to allow him to give free and informed consent. The doctor must inform the patient, among other things, about:

The diagnosis ;

The nature, purpose and severity of the intervention;

The risks associated with the intervention;

Alternatives to intervention.

The duty to inform the doctor also includes the obligation to answer the patient's questions.

This obligation applies to the patient himself, the person who must make the decisions on his behalf or the parents in the case of minors under 14 years of age.

The physician must present to his patient the risks of success and failure of the proposed intervention taking into consideration the particular conditions of his patient.

In addition, he must inform him of the potential negative consequences that may result from the intervention. However, it is unthinkable to require the physician to disclose all possible risks of an intervention. The physician must disclose the foreseeable risks (that is, those that are more likely to occur) and the rare risks that have significant and patient-specific effects.

The intensity of the information obligation may vary depending on the circumstances and depending on the patient.

Indeed, for certain types of interventions, the doctor is required to provide more complete and specific information on the risks associated with them. This is particularly the case for purely experimental treatments and also for interventions that are not therapeutic, such as cosmetic surgery. In these cases, the physician must also disclose all risks, including possible and rare risks.

The obligation to obtain free and informed consent from the patient

The reason for the physician's obligation to inform is to provide patients with the information they need to make an informed and informed decision about the treatment and care available to them.

This obligation to obtain consent is an ongoing process. This is why the patient must be kept informed of all the new elements relating to his state of health and to the treatments he undergoes.

The obligation of confidentiality

The doctor owes his patients an obligation of confidentiality. This obligation covers both the information disclosed by the patient and the facts that the doctor sees for himself in the context of their professional relationship.

Professional secrecy belongs to the patient and not to the doctor. The doctor can disclose what has been entrusted to him only if his patient has waived confidentiality or if a provision of the law allows it. For example, the Public Health Act requires that certain diseases be declared obligatory.

However, in case of higher interest related to the health of the patient or his entourage, the doctor may disclose certain confidential information.

Alabama Family Law Lawyers and Law Firms by City or County

Find a Alabama family law attorney from the lawyer directory that specializes
in family law by clicking on your city. After you make your city selection, you will be able to
choose a Alabama family law lawyer from the Alabama family law listings.

View All Alabama Family Law Cities

Alabaster
Albertville
Andalusia
Anniston
Auburn
Bessemer
Birmingham
Boaz
Brundidge
Clanton
Cullman
Daphne
Decatur
Dothan
Enterprise
Fairhope
Fayette
Florence
Foley
Fort Payne
Gadsden
Hartselle
Huntsville
Mobile
Montgomery
Muscle Shoals
Opelika
Pelham
Pell City
Phenix City
Prattville
Scottsboro
Trussville
Tuscaloosa

Legel aid representation by a lawyer

Do you qualify for Legel Aid?


You may be able to get Legel Aid to pay for a lawyer if:

Your legel situation is urgent and serious and you have little or no money left after you pay for the necessities like food and housing.

People with no income of on social assistance usually qualify financially for Legal Aid. You may be able to get Legal Aid even if you have some money in the bank and/or a house.

The Legal Aid office will look at your personal financial circumstances to decide if you qualify. Every situation is different. It all depends on your family responsibilities and your monthly expenses.

What kind of cases are covered?

If you qualify financially, Legal Aid may be able to pay your lawyer for some of these things. This is not a complete list. Please talk to you Legal Aid office about your specific case.

-For Criminal Charges

-any offense which likely result in jail time (e.g. assault, impaired driving causing bodily harm, robbery, welfare fraud, break and enter

-In Family Matters:

-to get custody of your children or to change custody

-to get a restraining order against your partner

-to remove your partner from your home, in cases of physical abuse.

-to establish or to change support payments for you and your child

-to establish access to your children where no arrangements have already been made

-to help with custody and access rights if your partner is likely to move far away so you can't see your children to threatens to take your children away from you

-to help if your partner denies you access to your child

-to change access from supervised to non-supervised

-to stop your partner from selling or destroying your property

-to negotiate property issues, including RRSP's and pensions

-In Immigration and refugee matters

-refugee hearings before the Immigration and refugee board sponsorship appeals

-deportation appeals and submissions to the Minister of Immigration for deportation appeals

-For Other Civil Cases

-Workers' Compensation

-mental health hearings and appeals

-parole hearings and appeals

-damage claims

Do you have to pay anything?

Legal aid is usually free to people with little income or money. People who have a little money but not enough to hire a lawyer may have to pay some money

Albertville, Alabama (AL) family law Law Firms

Do you qualify for Legel Aid?


Find a Albertville family law law firm from the list of law firms below. After you've made your selection, you will be able to contact a Albertville family law law firm by phone, fax or email. Search for a Albertville family law lawyer from our list of lawyers as well.

Should I Sue My Doctor?

Do you qualify for Legel Aid?


The family doctor, or general practitioner (GP), is part of the fabric of life in the UK, nearly everyone has one and they have likely had the same one for many years. Indeed, it is common for a doctor to know a patient from birth right through to old age.

Doctors or GPs become confidantes, friends in some cases, and in smaller communities are essential for everyone. So when one makes a mistake in your diagnosis or treatment and you are entitled to make a claim for compensation due to their medical negligence all sorts of moral questions arise.

Suing a doctor is not an easy decision to make, especially when they are close to you and your family. On the one hand, you are not going to want to upset or hurt your GP and friend, you aren’t going to want to cost them money or damage their reputation. But at the same time, you could have suffered longer than you needed to or seen a condition get worse due to your doctor’s mistake and you are, by law, entitled to compensation.

Every case is different and every person is different. Some will have no qualms in trying to get what they are due in the form of compensation, others will feel that the suffering they caused is not so bad that they wish to sue their doctor and others still will feel they suffered greatly and will reluctantly make a claim in order to receive the financial support they now need.

It is up to the individual to make a decision on whether to sue a GP or not based on their own individual circumstances, but if the decision is taken to proceed with a claim, then seeking professional, specialist help is a must.

Cases such as this, while delicate, are also complex matters and a specialised medical negligence solicitor is the ideal person or company to contact in order to make sure your claim is valid and will succeed. Many such solicitors exist and, if you are worried about the cost of going to court, offer no win, no fee and legal aid services.

In order to find a solicitor you can trust it is worth asking family and friends for personal recommendations, but if they don’t have experience of a medical negligence specialist then searching the internet for “medical negligence solicitors manchester” and reading online reviews is an acceptable alternative.

The important thing is that, once having taken the difficult decision to sue your doctor, you feel comfortable with the individual or company that will represent you and plead your case in court.

Depending on the nature of the medical negligence and the suffering caused, medical negligence compensation can be in the tens or hundreds of thousands – for many, this is reason enough to pursue a claim against their doctor and is certainly motivation to find a good, trustworthy solicitor.

It is also worth remembering that your doctor will have insurance against this sort of thing and so is unlikely to be left out of pocket by your compensation claim

Legel Aid Explained

Do you qualify for Legel Aid?


In most parts of the world there is a scheme available that is called Legel Aid, which helps provide financial support for getting proper, professional legel advice for certain people. There are a number of criteria that must be met for a person to receive legel aid.

Firstly it will very much depend on your own personal financial circumstances – if you earn a sizeable income you are unlikely to be granted legal aid, but if you are unemployed or on a low income you are very likely to be eligible.

Secondly, it will depend on how much support you require. For example, if you need hundreds of thousands of pounds to fight your case you will not likely receive the full amount, though you may still get some level of legal aid to support your case.

Lastly, it depends on the type of case you need help with. To begin with, if it is a criminal case legal aid is available but it is different to any other kind of case. These are the types of cases you can claim legal aid for:

•Claiming for welfare benefits, such as problems with getting Job Seeker’s Allowance.

•Claiming for actions against the police, such as wrongful arrest or physical abuse.

•Claiming for clinical negligence, such as claims against the NHS, a doctor or hospital.

•Community care claims, such as claims against social services for not looking after an elderly person properly.

•Consumer and general contract cases, such as poor quality of goods or services provided.

•Crime, such as getting help in court if you’re accused of an offence, though as has been said, there is a slightly different process for this.

•Debt help, such as legal advice if you have been declared bankrupt.

•Education cases, such as legal cases about education for special needs

•Employment cases, such as claims of unfair dismissal or discrimination. These must not be dealt with tribunal, however.

•Family law cases, such as separation and divorce.

•Housing cases, such as problems you’ve had buying or selling a home.

•Immigration and nationality cases, such as being deported from the UK.

•Claiming for mental health support, such as getting help for a family member or friend.

•Public law cases, such as challenging the decision of a local authority.
There are certain types of cases where legal aid cannot be provided. They are personal injury, employment tribunals, conveyancing, boundary disputes,making a will, libel and slander.

There are different levels of legal aid. It could be provided to cover professional advice, for example from a medical negligence solicitors, or it could be for legal representation, where it pays for the cost of the advice and the cost of the solicitor that will represent you in court.

The first step in finding out if you are eligible for legal aid is to contact the Community Legal Advice line and provide financial details like you and your partners income, any benefits claimed, savings you have and you National Insurance Number.

Alternatively, your legal representative can apply for legal aid on your behalf and they will be able to advise you on how likely you would be to receive it

Your Responsibilities.

You also have responsibilities, these responsibilities are:

•to give complete and true information to Legal Aid regarding your financial situation
•to keep Legal Aid informed of any changes in your situation, including a change of address
•to repay some or all of the cost of your case if you are able to do so
•to treat Legal Aid staff politely and fairly

Legel Aid and your rights?

As an applicant you have the following rights:

•to apply for Legrl Aid

•to a fair consideration of your application

•to a fair reading of the Legal Services Act, Regulations, and Policies as they concern your case.

•to appeal if you are denied Legal Aid

•to see information in your file in the Legal Aid office and in your lawyer's possession, as long as this will not harm anyone else

•to have information you give to any Legal Aid office or lawyer kept confidential.

•to receive full and proper representation from your legal aid lawyer within the guidelines for legal aid

•to complain to the Legal Services Board or the Law Society if you are not pleased with the service or behaviour of your Legal Aid lawyer

Who pays for Legel Aid?

Legel Aid in the Northwest Territories is provided by the Legel Services Board of the Northwest Territories pursuant to the Legal Services Act. Legal Aid is funded by both the GNWT and the Government of Canada.

Depending on your ability to pay, you may be required to pay some or all of the costs of your case. If you receive money or property at the end of your case, you will be required to pay costs towards your case. However, you may appeal the decision about how much you have to pay.