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Louisiana Divorce Questions & Answers
0 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Louisiana on
Q: How to address false claims of abandonment in divorce case?

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

1 Answer | Asked in Divorce and Family Law for Louisiana on
Q: How to file for divorce on fixed income when spouse lives in another state?

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

James L. Arrasmith
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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

1 Answer | Asked in Divorce, Child Custody and Family Law for Louisiana on
Q: What are my chances of winning custody if I've raised my son alone for nearly 3 years?

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?

James L. Arrasmith
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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

1 Answer | Asked in Contracts, Divorce and Family Law for Louisiana on
Q: How can we dissolve a prenuptial agreement signed in Louisiana?

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

Randy Bryan Ligh
Randy Bryan Ligh
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

1 Answer | Asked in Divorce, Child Support and Family Law for Louisiana on
Q: Can my ex-wife request child support after initially declining it?

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

Randy Bryan Ligh
Randy Bryan Ligh
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

1 Answer | Asked in Divorce and Family Law for Louisiana on
Q: What are my options for financial support after a 15-month marriage with no pre-nup in Louisiana?

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

Randy Bryan Ligh
Randy Bryan Ligh
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

1 Answer | Asked in Divorce and Child Custody for Louisiana on
Q: Should I file for divorce in LA or wait until I move to TX?

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

Randy Bryan Ligh
Randy Bryan Ligh
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

1 Answer | Asked in Divorce, Family Law and Real Estate Law for Louisiana on
Q: Married 20 years, want to leave but fear desertion claims, no kids involved.

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

Randy Bryan Ligh
Randy Bryan Ligh
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

1 Answer | Asked in Divorce and Family Law for Louisiana on
Q: What are my options for a Divorce from a spouse who committed infidelity?
Randy Bryan Ligh
Randy Bryan Ligh
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

1 Answer | Asked in Divorce, Family Law, Personal Injury and Constitutional Law for Louisiana on
Q: I can’t get an attorney to assist me. What do I do about a court that refuses to provide proper jurisdiction documents

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

James L. Arrasmith
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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

1 Answer | Asked in Divorce, Family Law and Child Custody for Louisiana on
Q: Going through a same-sex divorce. A minor child is involved. Both of us are on her birth certificate.

What are my legal rights as the parent on her birth certificate but, I did not birth her. My ex birthed her.

Marco Caviglia
Marco Caviglia
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.

1 Answer | Asked in Child Support, Divorce, Family Law and Insurance Bad Faith for Louisiana on
Q: is it legal for my ex to keep the money he claimed with my name for me from a “pain and suffering lawsuit” ?

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.

James L. Arrasmith
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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

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

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