Get free answers to your Divorce legal questions from lawyers in your area.
I am involved in a divorce case where my estranged wife has raised an application claiming abandonment and refusal to provide maintenance and welfare for our children. However, I have consistently fulfilled my responsibilities and have evidence, such as payment receipts, insurance documents, and... View More
I need to file for a divorce, but my spouse lives in Alabama, and I live in Louisiana. We've been living in separate states for two months. I am on a fixed income and planning to file in Louisiana. We have no agreements regarding spousal support or division of property. How should I proceed... View More

answered on Apr 13, 2025
To begin the divorce process in Louisiana, you’ll need to file a petition for divorce in the parish where you live. Louisiana requires that at least one spouse be a resident of the state for six months before filing. Since you've been living separately for two months, you should check the... View More
I have raised my son for the past 2, almost 3 years without any financial, medical, or school-related help from his other parent. I am now filing for divorce and there are no previous custody arrangements or court cases involved. What are my chances of winning a custody battle in court?

answered on Apr 13, 2025
In Louisiana, the court’s primary focus in custody cases is the best interest of the child. Since you've raised your son for nearly three years without assistance from the other parent, this could work in your favor, as the court may recognize the stability and bond you’ve provided. The... View More
My husband and I want to dissolve our prenuptial agreement, which was signed in March 2009 in Louisiana. We both agree to dissolve it but cannot find the original document, and the attorney who helped us has retired. Both parties are willing to sign a specific document to dissolve the prenup. What... View More

answered on Mar 10, 2025
Short version is that I highly recommend that you hire an attorney to prepare the paperwork to make sure it is done correctly as at some point in time in the future you do not want to have someone go back and say the agreement is void or not enforceable because it was not done correctly. If I... View More
I divorced my ex-wife in September 2024. During the child support hearing in August 2024, she told the court she didn't want child support, and later declined my offer, saying it wasn’t enough. She informed me she filed for child support in January 2025, even though I haven't received... View More

answered on Mar 10, 2025
Yes, she can but she can only receive child support from the date of (new) filing. Also, the reason(s) she declined child support before may be relevant to the child support amount moving forward----my recommendation is that you at least have a sit down consult with a lawyer in your area to... View More
I have been married for 15 months, staying home upon my husband's insistence, while he works. He started lying and talking to other women only 7 months into our marriage. We have no children, and everything, including my car, is in his name. There is no prenuptial agreement. I'm concerned... View More

answered on Feb 26, 2025
Your have options but in order to obtain them you most likely will have to go to Court ----at this time, I highly recommend that you set up a consultation (or 2) with a divorce/family law lawyer in your area----sit down with them, discuss the specifics and they can tell you your options in detail.... View More
I live in Louisiana and want to move to Texas with my two children, ages 6 years and 7 months, as I've been offered better job opportunities there. We currently have no custody agreements in place, and their other parent disagrees about moving. Should I wait until I live in Texas before filing... View More

answered on Feb 27, 2025
This is a difficult post to provide an informed answer because more specific information. The best thing to do is to contact a family law/divorce/custody lawyer in Louisiana near you and have a sit down to discuss the specifics of your situation. After all, in addition to filing for divorce, there... View More
I have been married for almost 20 years. We own a home together and I would like to sell it and split the profit, as well as divide a few shared items. We currently live in the same home, even sharing a bedroom. I want to leave, but I'm not sure if I would forfeit everything, as in a claim of... View More

answered on Feb 20, 2025
If you have a community property regime, which you most likely have, 1/2 of the marital assets and 1/2 of the marital debt is yours and the other half is his regardless of who is at fault in the marriage. I recommend that you contact a divorce/community property/family lawyer in your area and have... View More

answered on Feb 10, 2025
There are various ways to obtain a judgment of divorce in Louisiana---most will select the option of having lived separate and apart for the period of time which would allow you to get divorced---depending on one's situation, 180 days or 1 year. You can also obtain a divorce based on... View More
From the inception of this case courts have manipulated documents changed orders without jurisdiction ex-wife left the state with a child the LADCFS just attorney‘s office and child support court. All refused to disclose the location of my child although I was awarded joint custody Even at the... View More

answered on Jan 27, 2025
It sounds like you are dealing with a very frustrating and complicated legal situation. When a court refuses to provide jurisdictional documents or clarify its authority, you have a right to challenge this and demand accountability. Start by filing a formal written request or motion with the court,... View More
What are my legal rights as the parent on her birth certificate but, I did not birth her. My ex birthed her.

answered on Jan 9, 2025
If you legally adopted the child as a parent, then your rights are the same as any other parent and you may pursue your remedies in Supreme or Family Court depending upon the issues involved.
while we were married my ex got his by a company van and his lawyer told him that him, me, and each of our kids would get paid for pain and suffering. we have since divorced. he kept my part of the money for himself.

answered on Jan 10, 2025
This situation involves your legal right to compensation that was specifically designated for you in a lawsuit settlement. If your name was used to claim money intended as your personal compensation for pain and suffering, your ex-spouse likely does not have the legal right to keep those funds.... View More
He borrowed money to pay for his gambling and I can no longer keep up with the monthly payments. Now he want to sell the house in order to pay his loan. I don’t want anything to do with him anymore. It is stressing me out and he is pressuring me to sell the house. I feel threatened what he might... View More

answered on Oct 5, 2024
I'm really sorry you're going through this difficult time. It’s important to reach out to a local attorney who can guide you through the divorce process in Louisiana and help protect your interests regarding the house and debts.
You have rights when it comes to property and... View More
Immediately upon getting married I sold my separate home, then took separate money and purchased a new home while married, my then wife did not and could not contribute she still owned a separate home. Upon sale of her home she moved into the new home i purchased. Is this still considered... View More

answered on Sep 18, 2024
Arguments can be made that it's separate property or that it's community property. I would suggest you sit down with a community property or family law attorney to specifically discuss this and determine a strategy for what you desire and if it's practical. For example, one needs... View More

answered on Sep 16, 2024
When recording a conversation with your ex-husband in a public park, the rules depend on the laws of your state or country. Some places require the consent of both parties for recording conversations, while others only need the consent of one person involved in the conversation. This is known as... View More
He's always worked and I stayed home. He refused to help me with anything including our 2 kids

answered on Sep 11, 2024
You should consult with an attorney who handles divorce and family law matters. He/she can explain your rights and options to you regarding getting an immediate divorce on the grounds of adultery, as well as child support and spousal support. Good luck.
N/a

answered on Sep 12, 2024
More information is needed on this. Is the property community or separate? If it is community, then between you and your husband, each of you own the property and each of you are respomsible for the debt/loan (assuming the loan was obtained during the marriage). I recommend that you consult with... View More
My daughter and mother live with me. We're not together anymore and she isn't paying rent. My daughter goes to school here and the mother wants to up and leave to SC where her mother lives. There's no abuse or negligence on my part, she wants to move over there because her mother is... View More

answered on Aug 29, 2024
If this is an issue and/or might become an issue, then the paperwork between you and the mother regarding custody of the child will be important. What does it say as to relocation? If there is non paperwork currently, then I would immediately contact a family law/custody lawyer in your area to... View More
And kicking me out

answered on Aug 18, 2024
This is something that Louisiana divorce attorneys should advise on, but you posted last week - and sadly, it looks like you're being kicked to the curb.
- You could start seeking help through legal aid organizations or pro bono attorneys. Here is a link to some leads on this website -... View More

answered on Aug 5, 2024
My recommendation is that you should consult with a lawyer to discuss your options and to determine the best way to proceed at this time---that's the best thing to do. In further answer to your question, you can either not seek determination of the commuity property at this time and simply... View More
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.