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Louisiana Divorce Questions & Answers
1 Answer | Asked in Divorce and Family Law for Louisiana on
Q: My wife and I were divorced 15 years ago, but we never did the property division. She now wants to do that.

When she left, we had a mortgage with very little equity built up in the house. The house is titled in both of our names. Since the divorce I have paid the house off. I have also paid for the insurance, repairs, maintenance, and taxes. I have meticulous records of all I have paid on the house since... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jul 5, 2023

You need legal counsel to make sure your rights are protected and as such I recommend that you contact some community property lawyers in your area, set up consults and then sit down with them and specifically discuss your situation-----while the basic rule is 1/2 and 1/2, there are also... View More

1 Answer | Asked in Divorce and Family Law for Louisiana on
Q: If I sign an intervenor agreement for spouse to purchase a new home, and I still entitled to half of equity?
Randy Bryan Ligh
Randy Bryan Ligh
answered on Jun 12, 2023

It will depend on what you are signing so we would have to see and review the proposed document in order to provide you with specific advice. That said, usually when you sign an intervenor agreement as you describe, it means you are acknowledding that the home is being purchased by your spouse... View More

1 Answer | Asked in Divorce for Louisiana on
Q: Can my spouse sign an agreement that I will get the entire house and any value there-in, in the event of a separation?

We aren't sure if we are going to get divorced, but we want to make sure each other feel safe in this time of unknowns.

Randy Bryan Ligh
Randy Bryan Ligh
answered on May 31, 2023

You or both of you certainly can do that----but before doing so, I would contact a famliy law attorney or 2 and consult with them---a general consult---and learn of your rights if you do get divorced and what can or should be done. Some family law attorneys will charge you for an initial consult... View More

1 Answer | Asked in Divorce and Family Law for Louisiana on
Q: Can i legally leave my husband and not support him if he is emotionally abusive, doesnt help me financially
Randy Bryan Ligh
Randy Bryan Ligh
answered on May 31, 2023

I am sorry about your situation. In response to your post, more information is needed and I suggest that you contact a famliy law attorney or 2 and consult with them---a general consult--that way yoou can provide specific information and and learn of your rights if you decide to leave your husband... View More

1 Answer | Asked in Divorce and Family Law for Louisiana on
Q: How do you get a divorce with property involved
Randy Bryan Ligh
Randy Bryan Ligh
answered on May 16, 2023

Divorce and property (marital/community) are two different things. You can get divorce without resolving your property issues at the same time. Since oyu have property, I would recommend that you contact a family/divorce attorney and have a consult---or contact a few attorneys and have a few... View More

1 Answer | Asked in Divorce and Family Law for Louisiana on
Q: Is there a lawyer that will type up the documents for a divorce if we agree on everything so I can submit them?
Randy Bryan Ligh
Randy Bryan Ligh
answered on May 5, 2023

I am unclear as to exactly what you are seeking however because there are potential incidental matters to a divorce, which could include, child custody, child support, spousal support (permanent and temporary), & community property to name a few, I would highly recommend that you contact a... View More

1 Answer | Asked in Divorce and Family Law for Louisiana on
Q: Do i need to attend personally to a court hearing or can my lawyer represent me

if i move overseas

Randy Bryan Ligh
Randy Bryan Ligh
answered on Apr 5, 2023

If you have a lawyer, then please ask this to your lawyer----your lawyer is in the best position to know and answer your question. There are different ways of obtaining a divorce depending on each person's situation and some of them would require you to be present in court; others do not.... View More

1 Answer | Asked in Divorce and Military Law for Louisiana on
Q: How can I formulate how much my ex spouse will receive of my military retirement? Filed in Louisiana.

I served for 20 years, but we were only married for the last three years of my service. I'm trying to compute what amount of my retirement he is entitled to and also if he's entitled to my disability.

James L. Arrasmith
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answered on Mar 15, 2023

In Louisiana, the court uses a formula to determine the portion of military retirement pay that a former spouse may receive. The formula is known as the "Time Rule Formula" and takes into account the length of time the couple was married during the service member's military career... View More

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Louisiana on
Q: my husband has filed for a no fault divorce while he was cheating on me throughout n was involved in adultery n voilance

i have minor child i want to know what are my legal rights

Randy Bryan Ligh
Randy Bryan Ligh
answered on Feb 23, 2023

To best protect your rights, you will need to have a lawyer in the legal proceedings. As such, you should really begin meeting and consulting with a family law attorney(s) in your area so you can hire the one with whom you are most comfortable. There are many issues involved, including but not... View More

1 Answer | Asked in Divorce for Louisiana on
Q: I have questions about divorce
Randy Bryan Ligh
Randy Bryan Ligh
answered on Feb 17, 2023

Please use the Justia Find a Lawyer tab and search for divorce or domestic lawyers in and around the parish you reside---call a few--some of them may provide you a free 15 or 30 minute consult for you to ask the questions you have. If you are comfortable with one of the attorneys you consult, then... View More

1 Answer | Asked in Child Custody, Child Support, Divorce, Family Law and Domestic Violence for Louisiana on
Q: How can I get a lawyer to takea case pro bono? Legal Services where I live says they don't have the resources

Child custody and divorce and there is domestic violence involved on my husband against me. He has a very good attorney and I can't afford one. He refuses to pay child support and I don't have a vehicle to get to a job so I'm struggling. Also, he is trying to get domestic charge... View More

Douglas Lee Bryan
Douglas Lee Bryan
answered on Feb 3, 2023

I'm sorry to hear of the problems you're having. You may be able to find assistance through this website: https://www.lsba.org/public/findlegalhelp/. I would also suggest contacting your local battered women's shelter and/or your parish's District Attorney's Office to... View More

1 Answer | Asked in Family Law and Divorce for Louisiana on
Q: In Louisiana do you have to be living in separate houses before you can file for divorce?

Divorce reason is irreconcilable differences uncontested. Children are over 18

Randy Bryan Ligh
Randy Bryan Ligh
answered on Dec 21, 2022

No---because there may be issues/incidental matters involving the breakup of the marriage you do not have to live separate and apart before filing divorce, however, the time period required for living separate and apart for an uncontested divorce (180 days of living separate and apart if all... View More

1 Answer | Asked in Divorce and Family Law for Louisiana on
Q: I am from Louisiana. If I buy a house and leave my spouse off the mortgage and title..would my spouse get half of it?

In a divorce?

Claire Edwards
Claire Edwards
answered on Nov 11, 2022

You need to talk in depth with your realtor, your mortgage broker, and your title attorney. They are fully capable of getting you the outcome you desire. A family law attorney can help illustrate the possible outcomes.

As a short-and-dirty answer to this question: "I'm married...
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1 Answer | Asked in Divorce for Louisiana on
Q: If a "Citat for Petit" was served for divor & its uncont how do I move forward to let them know i agree? file a paper?

We agreed on divorce & he filed petition. I recvd the Citation of petition today, it states I have to either comply with demand in petition or make an appear. by filing an answer or pleading. if I am not contesting how do I let them know? do I file some paper or call? or just not respond at all... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Nov 8, 2022

If you were properly served and do nothing, then the other side can go to Court and seek the relief it seeks in the Petition. If the Petition sought decisions/rulings of incidental matters and/or issues other a divorce, then you could be adversely affected. Thus, my recommendation to you is that... View More

1 Answer | Asked in Divorce and Family Law for Louisiana on
Q: Upon retiring and no longer having an income am I required to file in court to stop spousal support?

Louisiana Civil Code 112 states...The sum awarded under this Article shall not exceed one-third of the obligor's net income. If I no longer have an income because of retirement and my Ex is aware there is no longer an income, am I required to file in court to stop spousal support or can we... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Sep 12, 2022

Inferring from your post, I assume you are talking about permanent spousal support? Regardless of whether it's permanent or temporary, I suspect that there is an Order in placing which details this obligation. That said, I highly recommend that you consult with a family law attorney to... View More

1 Answer | Asked in Divorce for Louisiana on
Q: I have a permanent restraining protective order against my husband and we have been separated for almost 2 years.

I do not know where he is living and can’t get anyone to tell me. How do I get a divorce? I live in Louisiana

Mr. James Zitzmann
Mr. James Zitzmann
answered on Aug 24, 2022

You can ask in your divorce petition to have a curator appointed to search for him since he is an absent defendant.

1 Answer | Asked in Divorce for Louisiana on
Q: Can a judge grant a divorce if the paperwork is typed with incorrect information on the marriage in state of louisiana
Randy Bryan Ligh
Randy Bryan Ligh
answered on Aug 23, 2022

Not enough information is provided in your post for one to really provide you a quality response. It depends on what is the incorrect information and whether it is a typo or something which is intended to be misleading or something which is wrong. Also, depending on the incorrect information, one... View More

3 Answers | Asked in Divorce, Foreclosure and Bankruptcy for Louisiana on
Q: My home is in foreclosure and up for sheriff sale soon. My ex and I recently divorced with no property settlement and

He lives in the home. We are both listed on the deed to the home but I am on the mortgage alone. If he files chapter 13 bankruptcy and includes the home, would this stop the upcoming sale and foreclosure? If Ch. 13 temporarily stops the sale, what are the steps he should then take to keep the... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Aug 19, 2022

When a Ch. 13 case is filed, there is both an immediate automatic stay prohibiting creditors to proceed against the debtor and/or his assets, and importantly, there is also an automatic "co-debtor stay" to prohibit creditor actions against other non-bankrupts who are jointly liable with... View More

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1 Answer | Asked in Divorce for Louisiana on
Q: Do you have to file for a divorce in the same parish you were married in and lived together in?
Randy Bryan Ligh
Randy Bryan Ligh
answered on Aug 17, 2022

No you do not----you can file in parish where either party is domiciled, or the parish where the spouses last lived together as husband and wife (last matrimonial domicile.

1 Answer | Asked in Divorce for Louisiana on
Q: I need to start the process of a divorce, who do I speak to?

We have been separated for two years and I would like to start the divorce process.

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jul 29, 2022

Use the Justia Find a Lawyer tab and search for divorce lawyers in your area----I would recommend that you contact and speak to at least 2 of them about the process, what to expect, and incidental matters (if any) and then select the lawyer with whom you are most comfortable. Good luck.

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