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Louisiana Divorce Questions & Answers
1 Answer | Asked in Bankruptcy, Divorce and Family Law for Louisiana on
Q: I live here in Louisiana. I would like to file divorce with my husband bec he is a gambler and we have so much in debt.

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

James L. Arrasmith
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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...
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2 Answers | Asked in Divorce and Family Law for Louisiana on
Q: If separate funds was used to purchase a home during marriage is it separate or community

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

Randy Bryan Ligh
Randy Bryan Ligh
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

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1 Answer | Asked in Divorce, Child Custody, Civil Rights and Communications Law for Louisiana on
Q: Do I have to inform my ex husband I am recording our conversation while we talk about the divorce in a public park?
James L. Arrasmith
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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

1 Answer | Asked in Divorce, Child Custody and Child Support for Louisiana on
Q: I been married 7 years and I been having a feeling he was cheating. I finally have proof. What steps do I take

He's always worked and I stayed home. He refused to help me with anything including our 2 kids

Douglas Lee Bryan
Douglas Lee Bryan
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.

1 Answer | Asked in Divorce for Louisiana on
Q: If I obtain a home loan in my name with my name on the deed, will my husband be entitled to it during a divorce?

N/a

Randy Bryan Ligh
Randy Bryan Ligh
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

1 Answer | Asked in Divorce and Family Law for Louisiana on
Q: Does a mother have the right to take our kid and move from LA to SC without the fathers consent if they're not married?

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

Randy Bryan Ligh
Randy Bryan Ligh
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

1 Answer | Asked in Divorce for Louisiana on
Q: Me and my husband live with he's parents and hes cheating on me.

And kicking me out

Tim Akpinar
Tim Akpinar
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 -...
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1 Answer | Asked in Divorce and Family Law for Louisiana on
Q: How do you proceed with legal separation/divorce when the only thing you own together is the house
Randy Bryan Ligh
Randy Bryan Ligh
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

1 Answer | Asked in Family Law and Divorce for Louisiana on
Q: Does a finalized divorce void the communal property law in Louisiana?
Randy Bryan Ligh
Randy Bryan Ligh
answered on Jul 17, 2024

No. Once the community property is terminated, income and debt you earn/obtain is solely yours moving forward but the already existing community property is still that. If your community property is terminated, then the community property between spouses remain just that, except that you are now... View More

1 Answer | Asked in Divorce and Family Law for Louisiana on
Q: How can I obtain a divorce when I don’t know where my husband is and we have been apart for over 30 years?

I have his last known address from 12 years ago.

Randy Bryan Ligh
Randy Bryan Ligh
answered on May 28, 2024

If you do not know the whereabouts of your spouse, you can still obtain a divorce but it is more expensive as you have to ask the court to appoint a curator (which would be an attorney) to make reasonable efforts to locate your spouse---it is more expensive because you are responsible to pay the... View More

1 Answer | Asked in Divorce and Family Law for Louisiana on
Q: To finalize my divorce, do I have to file a motion for judgment of divorce or just the judgment of divorce?
Randy Bryan Ligh
Randy Bryan Ligh
answered on Mar 28, 2024

Courts in Louisiana are not 100% uniform in how they will grant a divorce, especially if you are not represented. My advice is to call the local bar association and see if they can provide any assistance to you, or if they can recommend an attorney who will meet/consult with you at a reduced rate... View More

1 Answer | Asked in Divorce, Personal Injury and Family Law for Louisiana on
Q: When divorced a settlement was had . But spouse refused to give my share even when my name as her husband was on the sui

Suit. Judgement was 2014 divorced in 2022 AM I entitled by Ohio law my share.

Randy Bryan Ligh
Randy Bryan Ligh
answered on Mar 11, 2024

If the settlement has been signed by a Judge as an Order of the Court or a Judgment of the Court, then return to Court and seek enforcement of the Judgment. If you have an attorney representing you then I advise you to contact said attorney about this. If you did not have an attorney, then please... View More

1 Answer | Asked in Divorce for Louisiana on
Q: I need a free divorce

I want a free pro bono divorce my husband has put me in jail due to texting about seeing my kids I have been separated from him for a year

Randy Bryan Ligh
Randy Bryan Ligh
answered on Mar 8, 2024

Contact the local bar association, state bar association and/or legal aid to determine the process and if you quality for a lawyer to assist and/or handle your divorce on a pro bono basis.

1 Answer | Asked in Divorce, Child Custody and Family Law for Louisiana on
Q: Hello, what is the likelihood a male may be granted SPLIT or JOINT custody in Louisiana?

Married for 10 years, child is 7 years old, both would be living locally to child's school, no criminal history for both parents, no history of domestic abuse from either parties, no infidelity on either side, everything is under fathers name, father employed as AVP Branch Manager, Wife... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Feb 16, 2024

All cases are different and depend on the specific facts however the Courts prefer that both parents be involved in the life of the child so based on that, the likelihood of joint custody is high. I am not sure what you mean by SPLIT. If you mean SHARED, then the answer remains the same: the... View More

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Louisiana on
Q: Can I divorce my husband I have 2 kids with for free and how long would it take if I give up rights to kids
T. Augustus Claus
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answered on Feb 8, 2024

In Louisiana, obtaining a divorce, even with the intention of relinquishing rights to children, may not be entirely free due to court fees and possible attorney costs. However, low-income individuals might qualify for a fee waiver or reduced-cost legal services through legal aid organizations. The... View More

1 Answer | Asked in Divorce and Family Law for Louisiana on
Q: Falsified court documents. Divorce filed stating there were no children born during the marriage and there was

I am not the biological father but the baby has my last name because we were married before and after she was born

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jan 28, 2024

You certainly have a right to dipsute this should you choose to do so. You should consult with a family law attorney in your area to discuss your options re: the breakup/dissolution of your marriage and the incidental matters, including, divorce, child support, child custody, spousal support and... View More

1 Answer | Asked in Divorce and Family Law for Louisiana on
Q: I would like to get divorced. I have lived in Louisiana for two years, my spouse is in California. We have no children.

We own a business together. I filed federal and state taxes in Louisiana (married separate). My spouse filed taxes in California (jt).

We own a condo together. We are broke. Barely getting by. I am unemployed. How can I divorce for least amount of expenses?

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jan 16, 2024

My answer is that if you are currently living in Louisiana, then you should file in Louisiana-----that said, you indicate that you own property, you do not mention your debt, if any, of the community, so I recommend that before you file that you at least consult with a family law/divorce attorney... View More

1 Answer | Asked in Divorce, Family Law, Real Estate Law and Probate for Louisiana on
Q: I believe an illegitimate deed was filed after a divorce decree was signed. Can a deed override a divorce decree order?

A divorce decree left property to my sibling and I in the event of my father’s death. He passed recently and I found that his wife who lived in the property with him but never purchased or paid the “now free and clear” mortgage, name is included on the deed along with him. Is this a... View More

James L. Arrasmith
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answered on Jan 1, 2024

In Louisiana, a divorce decree that addresses property distribution typically has legal precedence over later actions, such as the changing of a deed. If the decree explicitly awarded your mother's half of the property to you and your sibling, this should be honored unless legally modified... View More

1 Answer | Asked in Divorce and Family Law for Louisiana on
Q: My soon to be ex-husband and I signed a paper and get it notarized that he will pay off a loan and he quit paying on it.

What can I do about it?

T. Augustus Claus
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answered on Nov 10, 2023

If you decide to file a lawsuit, you will need to prove that the agreement is valid and that your ex-husband has breached the agreement. You can do this by providing the court with a copy of the agreement and any other relevant evidence, such as emails or text messages that show that he agreed to... View More

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