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Louisiana Divorce Questions & Answers
1 Answer | Asked in Child Custody, Divorce and Family Law for Louisiana on
Q: Can a school give records and my contact information to my ex-husband if he has no custody and I have full custody?

He originally had 50-50 custody but didn't want to pay child support so when we went to finalize our divorce he offered to sign his custody over as long as I didn't take him for child support. It has been almost 5 years that he hasn't seen our son and he has never paid any support. I... View More

Douglas Lee Bryan
Douglas Lee Bryan
answered on Sep 12, 2018

If he hasn’t communicated or attempted to communicate with your son for over six months your husband can adopt the child without his father’s consent. Give me a call and I’ll be happy to discuss further.

1 Answer | Asked in Divorce for Louisiana on
Q: My husband is incarcerated for 20+ years in the Caddo Parish system. He refuses to file a divorce. I want a divorce.

I am unable to afford a lawyer, are there any services available to me?

Douglas Lee Bryan
Douglas Lee Bryan
answered on Sep 7, 2018

Contact your local legal aid office.

Legal Services of North Louisiana, Inc

720 Travis St, Shreveport, LA 71101

Phone: (318) 222-7186

1 Answer | Asked in Divorce for Louisiana on
Q: Can my husband take all monies from bank also leaving me with no car I’m l just got out of hospital now have no money

I have no car to get to drs or stores when I need things

Douglas Lee Bryan
Douglas Lee Bryan
answered on Sep 4, 2018

You will need to file with the court asking for use of one of the vehicles and spousal support. You can also ask for a restraining order to prohibit him from hiding or disposing of any community funds pending the community property partition. An attorney can help you do this. Give me a call and... View More

1 Answer | Asked in Divorce for Louisiana on
Q: Where do I find the forms to fill out and which ones do I need to get?

Also, does Louisiana require a mediator if we have children?

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Aug 31, 2018

First, there aren't forms for everything. Second, which "forms" are you looking for, custody? Third, Louisiana does not require mediation, but many parishes require that you go before a hearing officer. However, a mediator could save both of you a log of money spent on attorneys,... View More

1 Answer | Asked in Divorce for Louisiana on
Q: Do I file before I move out to start the 365 days or do I file after I've been out for 365?

We have 2 young kids. It will be a no contest divorce. But is the 365 considered no fault grounds for the actual divorce or can I file and the 365 is just a requirement?

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Aug 30, 2018

365 days does not start to count down until you are in separate homes. However, filing does cut off the accumulation of community property and community debt (pension, retirement, credit card balances, equity loans)

1 Answer | Asked in Divorce for Louisiana on
Q: How do I finalize my divorce without a lawyer.
Douglas Lee Bryan
Douglas Lee Bryan
answered on Aug 23, 2018

If you don’t know how perhaps you should hire an attorney. If it’s not done right you won’t be legally divorced.

1 Answer | Asked in Divorce for Louisiana on
Q: My ex-wife sold her house and profited over $400k. Can this be considered income to reduce alimony?
Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Aug 21, 2018

No the principal is not income but any interest or dividends made off of the $400K is income. Call a divorce lawyer.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Louisiana on
Q: Married 23 yrs, 4 minor children. Do I have to leave the house to file for divorce? If leave he will not let me see kids

He is very mean to me.

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Aug 18, 2018

No you don't have to leave to file for divorce

1 Answer | Asked in Divorce for Louisiana on
Q: Divorce was final in February 2018. Is my spouse obligated to receive any funds if I sell any assets in the near future?
Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Aug 11, 2018

First there may be a restraining order prohibiting you from selling community assets. Any assets acquired during the marriage are half owned by your spouse.

2 Answers | Asked in Divorce and Family Law for Louisiana on
Q: My husband and i have been seperated for 2yrs. Do i have to get a divorce to receive spousal support?

We have been married25 yrs but living apart for 2yrs. Im having financial difficulties. Do i have to get a divorce in order to get spousal support?

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Aug 8, 2018

No, you can get spousal support without filing for divorce.

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1 Answer | Asked in Family Law and Divorce for Louisiana on
Q: DO I OWE HALF MORTGAGE/ AT WHAT POINT DOES COMMUNITY PROPERTY END

MY HUSBAND AND I WERE SEPARATED FOR 3 YEARS, HE WAS LIVING IN OUR HOME UNTIL IT FLOODED AND HAD TO BE GUTTED OUT. DO I OWE HALF OF THE MORTGAGE WHILE HE WAS LIVING IN THE HOME. AT WHAT POINT DOES COMMUNITY PROPERTY END, I WAS TOLD THAT COMMUNITY PROPERTY ENDS ONCE A DIVORCE IS FILLED FOR

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Aug 1, 2018

The date of filing for divorce is the termination of the community property regime IF the divorce is completed. If not, you have to start over.

1 Answer | Asked in Divorce for Louisiana on
Q: Until we start divorce process can my husband make me move my mobile home off his property? ?

Both were bought before marriage

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Jul 30, 2018

You can get use of separate property pending divorce. Hire a divorce attorney.

1 Answer | Asked in Divorce and Real Estate Law for Louisiana on
Q: My husband and I have been married a little over a year. he is on drugs , does not want help. What are my options?

Before we were married i bought a mobile home And put it on his land.both are fully paid for. I’ve known him/his family my whole life i just want this divorce to be as quick, painless, fair as possible.

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Jul 30, 2018

Your options are:

1) divorce based on inebriation,

2) sole management of the community assets,

3) interdiction.

Call a family law attoeney before he runs up some debt with which you can be stuck.

1 Answer | Asked in Divorce for Louisiana on
Q: If my spouse became pregnant by committing adultery while I was incarcerated can I get immediate divorce

A child was born out of affair. Can I force her to take my last name off birth certificate?

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Jul 30, 2018

Yes. Depending on length of incarceration, medical records, records of incarceration or a paternity test may also be needed. The sooner your attorney files to Disavow, the better.

2 Answers | Asked in Divorce, Estate Planning and Family Law for Louisiana on
Q: I was awarded a portion of my ex's pension. The business sold to another co before QDRO started. Can I still get QDRO?

He's still employed through the new company. Neither of us are retirement age yet, but approaching soon.

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Jul 26, 2018

As long as his pension carried over to the new employer, your portion can also carry over and is still obtainable through a QDRO.

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1 Answer | Asked in Family Law and Divorce for Louisiana on
Q: Can I get an anullment since my husband abandon/deserted the marriage 13 days later.

I was married on May 05, 2018 my husband abandon/deserted the marriage on May 18, 2018. I discovered he has an addiction of heroine usage of more than 37 years. He is now living with his ex- wife at his mother's house. I believe I have grounds for an anullment due to all that applies. He... View More

Douglas Lee Bryan
Douglas Lee Bryan
answered on Jul 9, 2018

No, you would have to get divorced under such circumstances in Louisiana.

2 Answers | Asked in Divorce for Louisiana on
Q: Am I eligible for spousal support during the 6 Of divorce. I have 2 disabities. I get SS CK. He makes $12,000 month

Do I qualify for spousal support? I have bills that take all of my check. I need money to live do I qualify?

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Jul 7, 2018

You are eligible to receive a minimum of 1 year of spousal support and perhaps many years. But you need to hire a divorce lawyer.

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2 Answers | Asked in Divorce for Louisiana on
Q: Been married 13 years separated 3 no kids and not asking for any spousal, what should be my next move?
Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Jul 6, 2018

Hire a family law attorney to file for divorce and partition of community property

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2 Answers | Asked in Family Law and Divorce for Louisiana on
Q: Getting remarried in another state, what will happen when applying for another marriage license?

I plan on getting remarried in Louisiana. I was originally married in Ohio but divorced in Washington. What will happen when applying for a marriage license? Will the clerk in Louisiana recognize I was previously married? Will I be able to apply for a marriage license without my divorce decree?

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Jul 5, 2018

No, you need to order a certified copy of your divorce decree from WA to avoid committing fraud.

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1 Answer | Asked in Divorce for Louisiana on
Q: Seeking divorce in Louisana, w kids. 1yr living apart mandatory? How is custody determined before the actual divorce?

Is there any quicker way for divorce proceedings?

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Jul 2, 2018

Adultery, conviction of a felony and domestic violence can speed up divorce.

Depending in the parish, temporary custody may be determined by a hearing officer or the judge pending divorce. Hire an attorney.

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