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Louisiana Divorce Questions & Answers
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.

2 Answers | Asked in Divorce and Family Law for Louisiana on
Q: Do I have to pay my husband back for this?

My husband and I are about to file for divorce in Louisiana. During our marriage, my husband's mother passed away and she left him some money in her will. He put this money into a new bank account separate from our joint checking account. My name was not on it and I had no way at all to access... View More

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Jun 21, 2018

He used separate funds to pay an expense not in furtherance of the community. No you din't have to pay him back and your attorney should know this.

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1 Answer | Asked in Divorce for Louisiana on
Q: If you haven't settled community property in a divorce can either party sell or move unresolved community property

June 12th was our 180-day separation but not sure if her attorney filed the paperwork for divorce

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Jun 20, 2018

No the divorce must be confirmed and the community property partitioned to sell, lease, dispose of, donate or encumber community property.

1 Answer | Asked in Child Custody and Divorce for Louisiana on
Q: Does my seperated spouse get rights to a child that is not his I had during our seperation?

I live in Louisiana. I am married but during our seperation, I had a child with another man. The other man's name is on the birth certificate. When I file for divorce, does my husband have rights to this child at all?

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

Yes until you or your husband files to Disavow his parentage. Until then he gets visitation and you can seek child support from him.

2 Answers | Asked in Divorce for Louisiana on
Q: i was told by my husband lawyer to wat

i was td.by my lawyer to wait until divorce is 9vef to discuss bills and property. now since the divorce is over his lawyer wont communicate. do i still have a voice on this matyet sinve divorce is over

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Jun 10, 2018

You have asked this question 3 times. That was YOUR HUSBAND'S LAWYER, not yours. If you want the community property partitioned, YOU NEED TO HIRE A LAWYER.

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1 Answer | Asked in Divorce for Louisiana on
Q: Not following through

During the divorce we wete communicating through his lawyer i was told after the divorce bills and property would be discussed. received my divorce papers via mail on march 5. and now no communicaton is being anseered by his lawyer. i am confused in need direction. i trusted everything wad... View More

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Jun 10, 2018

Hire a family law attorney to partition the community property.

1 Answer | Asked in Divorce for Louisiana on
Q: Do I have to wait 6 months before filing for divorce or do I file for divorce first then wait 6 months?

I have been married for a year and my husband cheated on me. Is there a 6 month waiting period to get a divorce if he cheated?

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Jun 4, 2018

BEFORE YOU FILE, hire a private detective to document the adultery if you plan to seek spousal support. If not, you can file now or in 6 months, if you have no children. If you have children, it take 12 months. Filing protects both of you from the debt incurred by the other party.

1 Answer | Asked in Divorce for Louisiana on
Q: My husband and I lived and were married in Houston, Texas. Separated 12/12/17 He is in LA-unknown. Where can I file?

I have his P.O. box address and know where his mother and father live. We have no children and no marital assets. I still live in Houston. Do I need a Louisiana attorney and how long will it take once I file?

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Jun 3, 2018

You can file in TX or LA. In LA you are eligible in June.

2 Answers | Asked in Divorce for Louisiana on
Q: After living apart 17 mo (2 kids) without filing for div. will it still take 12 months to be final once filed in LA?

Kids are 4 & 7. I lived with my mom for 7 months before getting an apartment. Official lease to another address was 10 months ago. Not sure if that matters.

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

If you have lived apart for 12 months, you can have your divorce finalized in 45 days. Don't fudge on the date of separation or your divorce will be fraudulent and void.

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1 Answer | Asked in Divorce for Louisiana on
Q: Can inherited property become community property?

My spouse inherited property but failed to pay taxes and the property is adjudicated. If he gains repossession does this become community property?

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on May 29, 2018

No it stays separate unless he uses community funds to pay the back taxes. Then you have a reimbursement claim.

2 Answers | Asked in Divorce for Louisiana on
Q: My marriage is less than 7 yrs with no child. My husband has a mistress and filed divorce. What are my options?
Douglas Lee Bryan
Douglas Lee Bryan
answered on May 28, 2018

At this point, I'd say your options are to (1) consider counseling, (2) reconvene and ask for an immediate divorce based upon adultery, or (3) reconvene and ask for spousal support. Under any of the circumstances, I'd suggest taking action to protect your assets by asking for a... View More

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1 Answer | Asked in Divorce for Louisiana on
Q: I’ve been separated over a year now my divorce papers are in court now

I’m pregnant with my boyfriend’s baby...Will this affect my divorce proceedings

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

It's going to complicate the paternity of your child greatly. You need a family law attorney to Disavow your ex and Filiated your boyfriend.

2 Answers | Asked in Child Support, Divorce and Family Law for Louisiana on
Q: My husband is a veteran with disability pay. He has recently asked me for a divorce. What are my options?

Alimony and child support?

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on May 23, 2018

Yes alimony, yes child support, yes custody. Hire a family law attorney.

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1 Answer | Asked in Divorce and Family Law for Louisiana on
Q: I am a 35 yo woman with two small children ages 3 and 6 weeks. I live in Louisiana and married since 2010
Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on May 22, 2018

You don't state what your question is.

1 Answer | Asked in Divorce for Louisiana on
Q: Why is it if my ex has a restraining order on me wouldn't she be breaking the order if she keeps texting me
Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on May 19, 2018

Because the retaining order is on you, not on her. Do NOT respond and.print all of her texts for your lawyer

2 Answers | Asked in Family Law, Divorce and Child Custody for Louisiana on
Q: Can my husband prevent me from leaving the state to get away from him and his mistress?

We've been married for 16 years and and four kids together. Five years ago I found out he had an affair and just recently had a child with this woman who is a few months older than our youngest. Their entire relationship is on display on Facebook and when I found out they both blocked me from... View More

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on May 15, 2018

He can try to prevent you from taking his children out of state. You need a family law attorney who can follow the statutory requirements to relocate and file a protective order to.prevent physical violence. Do NOT threaten him. He can record any conversations you have.

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1 Answer | Asked in Divorce for Louisiana on
Q: separated January, filed April, son turned 18 in May. If amended, is it 6 months from January or when he tuned 18
Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on May 9, 2018

If amended, you can get divorce in July. But may have to pay child support until he graduated from high school. Consult with a family law attorney.

1 Answer | Asked in Divorce for Louisiana on
Q: What if drug addiction is apart of marriage and want to get out??
Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Apr 23, 2018

Hire a family law attorney and file for divorce. Drug addiction won't hasten the divorce but it will avoid spousal support.

2 Answers | Asked in Divorce for Louisiana on
Q: community debt if the divorce due to domestic violence does that person have to still pay half of mortgage
Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Apr 18, 2018

Yes. Domestic violence has nothing to do with community property.

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