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Louisiana Divorce Questions & Answers
3 Answers | Asked in Divorce for Louisiana on
Q: My soon to be ex-husband of 23 years is the listed owner of our home in Louisiana. He has not worked 15 yrs of 23 yr

marriage. It has been my income that has paid 90% of the loan. We also remortgaged in 2003 & 2009 which I signed and thought this made me an equal owner. Home is now paid in full. Am I entitled to 50% of the property value? Based on the information provided, would you sue to obtain 50% of... View More

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Feb 15, 2020

If the home was purchased after the marriage, then you are entitled to 1/2 the value.

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1 Answer | Asked in Divorce for Louisiana on
Q: Why spouse knowingly file for divorce a week after he knew I filed? He’s avoiding service. Hoping I get served 1st?

I left an abusive marriage. He is the money maker and in control of all of the finances. I need that financial restraining order served. He’s an attorney. Does he know something that my attorney doesn’t?

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Feb 8, 2020

There is no advantage to filing first unless it is in 2 different parishes.

1 Answer | Asked in Divorce, Family Law and Domestic Violence for Louisiana on
Q: If the I'm the victim of the restraining and I contact the offender will the protective or be good anymore
Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Feb 7, 2020

Yes but be careful what you say and do so sparingly or it will be used against you.

1 Answer | Asked in Divorce and Child Custody for Louisiana on
Q: Under an article 102 does the defendant have to file reconventional demand if a counter suit is filed?
Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Feb 6, 2020

Not even close to enough information provided. Hire a domestic attorney and show her all the pkeadings.

2 Answers | Asked in Child Custody, Divorce and Family Law for Louisiana on
Q: My ex-wife has sole custody can she move to another state with the kids

I lost custody because I couldn't afford to contest the divorce.

Douglas Lee Bryan
Douglas Lee Bryan
answered on Feb 5, 2020

You should seek the help of a family law attorney asap to seek to modify your rights. And you can contest the out-of-state move at the same time.

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2 Answers | Asked in Divorce for Louisiana on
Q: Just found out husband of 11 years is married to another woman. They got married before we did. What do i do?
Douglas Lee Bryan
Douglas Lee Bryan
answered on Feb 4, 2020

Call a lawyer who handles divorce and family matters ASAP. Even if you're not legally married, you may have the right to many of the advantages of marriage, including the right to spousal support.

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1 Answer | Asked in Divorce for Louisiana on
Q: What do Judges usually ask for as proof/evidence that a couple have been separated for a year in a uncontested divorce?
Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Feb 1, 2020

One witness who can testify they have not reconciled.

1 Answer | Asked in Divorce and Family Law for Louisiana on
Q: In Louisiana is spousal support a consideration when dividing community property?

I have been paying a substantial amount of interim spousal support. Can I legally deduct the amount of interim spousal support from the amount of community property my ex will receive? We have no children and were only married 2 1/2 years.

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Jan 30, 2020

No you cannot deduct spousal support from the other spouse's share of the community. It's apples and oranges.

1 Answer | Asked in Divorce for Louisiana on
Q: How do you determine the community portion of a retirement account (IRA) that is actively managed in Louisiana?

My IRA retirement account is invested in a strategical account that is actively managed (not by me but the fund manager). This is not an ETF or mutual fund, but a portfolio of stocks that are individually purchased at the discretion of the fund manager. I know my ex-husband is entitled to 1/2 of... View More

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Jan 30, 2020

You are going to need a forensic CPA to determine this and testify to it in court. Your divorce attorney can direct you to one.

2 Answers | Asked in Divorce for Louisiana on
Q: We have a car financed in both of our names, mine first. I will be filing for divorce, can I leave with the car?
Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Jan 28, 2020

It's not who is on the loan that is important. It's who is on the registration.

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1 Answer | Asked in Divorce, Family Law and Child Support for Louisiana on
Q: Can I get Child support if father is in prison for sexually abusing the child
Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Jan 20, 2020

From whom are you going to get child support? He has no income and his child support is suspended while he is incarcerated. So unless he gets an inheritance or wins the lottery while in prison, you won't be eligible for child support until he gets out

1 Answer | Asked in Divorce for Louisiana on
Q: I got a divorce but I put the wrong last name for her what do I do
Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Jan 20, 2020

Your attorney needs to file a Supplemental Petition.

1 Answer | Asked in Divorce for Louisiana on
Q: Am I entitled to my spouse retirement? We were married 8 years but never did a community property settlement
Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Jan 15, 2020

You are entitled to 1/2 of all contributions and interest during 8 years IF you get this done before your ex spouse's death. Hire a divorce lawyer.

1 Answer | Asked in Divorce for Louisiana on
Q: Does it harm or help me gain spousal support if my husband told me to not work?

Also note that, in determining whether or not a party has sufficient means for their own support, a court may allocate income to the needy party above his or her actual income if the needy party is “voluntarily” unemployed or underemployed.

How does that affect a stay at home mom?

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Jan 3, 2020

You need to talk to a divorce attorney to provide more details, like the ages of any children, how often you have moved for his employment, any disabilities, etc

1 Answer | Asked in Child Custody and Divorce for Louisiana on
Q: Can my wife, who is in the middle of an affair and living with this other man while still married, legally prevent

me from seeing my children?

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Dec 28, 2019

Your rights are currently equal if neither of you have filed for custody. Hire a divorce attorney if you want custody or visitation

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Louisiana on
Q: Am I the legal parent of a child born from an extra-marital affair if I'm still married to my wife after her affair?

She wont get a divorce, but has moved in with the biological father at his mothers home. Do I have legal rights to visitation?

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Dec 28, 2019

You are the legal father and he is the biological father and you both have rights and the obligation to pay child support.

1 Answer | Asked in Civil Rights, Divorce, Family Law and Land Use & Zoning for Louisiana on
Q: can i take possession of my house during a separation if the mortgage was in my name before marriage? Louisiana

i have 50/50 custody of children. It was also decreed that i have the right to fair market rental value in the separation orders. I have paid the mortgage for 6months of the separation and i would like to evict her to make her go find a new home. i would like to give her 60 days or 90 days to find... View More

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Dec 26, 2019

Mortgage is irrelevant. Your attorney needs to press for partition of community property to get her evicted.

1 Answer | Asked in Divorce for Louisiana on
Q: Can I legally sign my husbands husband's name to an insurance check that has both of our names on it?

I have been told by a friend that I can legally do this in Louisiana. I want to use it to pay off our 2017 state tax that he hasn't bothered to pay. We have been separated since February 2019.

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Dec 14, 2019

Your friend is advising you to commit a criminal act. Ask your husband to endorse the check.

1 Answer | Asked in Divorce for Louisiana on
Q: What does pending rule for periodic spousal support mean?
Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Dec 9, 2019

It means someone is asking for a hearing on periodic spousal.support.

1 Answer | Asked in Divorce for Louisiana on
Q: When is interim spousal support determined? How long does it last?

.

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Dec 8, 2019

Ex's lawyer is right IF they have a pending rule for periodic spousal support.

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