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Louisiana Divorce Questions & Answers
2 Answers | Asked in Divorce for Louisiana on
Q: How does adultery affect alimony?

My husband fathered an outside child about 16 years ago but but I stayed. Late mid last year my son discovered naked pictures of his live in girlfriend in my husband's phone. I'M THROUGH!!!!

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Apr 16, 2018

Get those pictures printed. Is your son willing to testify? Adultery means your divorce can be granted more quickly and means you can get spousal support from him, if he has the income to support it.

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1 Answer | Asked in Divorce for Louisiana on
Q: My wife has abandoned me and left the state. I can divorce her for Abandonment & receive half of her settlement?

My wife left to go back to New Jersey on September 16th of 2017. She took our dog. She had ran before due to anxiety but she moved to mandeville for 3 days before she came back. Then she left for New Jersey in September. In December, she told me she needed time and actually just wanted to go... View More

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Apr 16, 2018

We don't have abandonment in Louisiana. But we do have divorce after at least 180 day separation. If you have children it is 365 days separation. However if you have children, you need to hire attorney..before that have been gone 180 days. You mention a settlement without explanation. You... View More

2 Answers | Asked in Divorce for Louisiana on
Q: I'm separated and my wife took our newest car. Both in my name. Can I take it back and leave older one? She left me.

We sold her old vehicle for $6000. She owed $5000 on a loan for it. The car she is in did not involve her car, and we actually traded my personal vehicle for that. I've offered to give her a car of equal value.

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Apr 14, 2018

Call a family law attorney for a consultation. Your question not specific enough.

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2 Answers | Asked in Divorce for Louisiana on
Q: If she abandoned the marriage, can I be required to pay spousal support? What other criteria would cause me not to be rq
Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Apr 13, 2018

We don't have abandonment in Louisiana. So yes, you can still be required to pay spousal support.

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1 Answer | Asked in Divorce for Louisiana on
Q: My stbx and I agree on dividing all marital assets; how long do I need to wait to use the assets to buy a new home?

We have agreed on a 50/50 split of everything and have drawn up the property settlement. He will be writing me a check for my portion of the money.

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Apr 12, 2018

Do not do a divorce or property settlement without a lawyer or Mediator or it may be annulled.

1 Answer | Asked in Divorce for Louisiana on
Q: My mom was married in 1990 but the paperwork was never turned back into the clerk of courts. Is she legally married? If

Not how would she go about changing her name back to her maiden name

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

Yes she is still married. Name change can be part of final divorce. Hire a divorce e attorney.

1 Answer | Asked in Family Law and Divorce for Louisiana on
Q: After my ex and I divorced I have paid in full the price of the home, do I owe him half?
Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Apr 9, 2018

You owe him half the equity that existed at the time of divorce, not half the equity now.

2 Answers | Asked in Divorce for Louisiana on
Q: My husband and I are separated. My dad is wanting to buy me a new car as a gift. Will that be considered comm property

My husband currently has use of a truck and this new vehicle would be my only transportation for myself and my 3 kids.

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Apr 9, 2018

It would be a gift but I recommend not acquiring ANY assets in your name until someone has filed for divorce. We don't have legal separation in LA.

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1 Answer | Asked in Divorce for Louisiana on
Q: Is my husbands divorce finalized properly?

Petition for divorce was filed Sept 5,2014.

April 12,2017 (Rule to show Cause)

Granted his “Judgement of Divorce” on April 27, 2017. Signed and approved by a judge. We have married since. His ex wife is stating that the divorce was not filed for properly because it two years... View More

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

If his ex has not filed a Petition to Annul the Divorce, then don't worry about it.

If you want more assurance, take the pleadings to a family lawyer to review.

2 Answers | Asked in Divorce for Louisiana on
Q: Do I have rights to my husbands parents succession if we are seperated?

He just asked for seperation a few days ago. Succession paperwork was finalized about a month ago.

Douglas Lee Bryan
Douglas Lee Bryan
answered on Mar 24, 2018

No, inherited property is separate property and therefore does not form part of the community.

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3 Answers | Asked in Divorce for Louisiana on
Q: How can I withdraw my divorce petition in the State of Louisiana? My wife and I reconciled

My lawyer is avoiding me. How do I proceed

Douglas Lee Bryan
Douglas Lee Bryan
answered on Mar 24, 2018

You (or your lawyer) would need to file a Motion and Order to Dismiss the petition.

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2 Answers | Asked in Divorce for Louisiana on
Q: Where I can get a Louisiana revocation of divorce form.

My lawyer is playing games. I made this request November 2017. It is still not done

Douglas Lee Bryan
Douglas Lee Bryan
answered on Mar 24, 2018

I'm not sure what a "Louisiana revocation of divorce form" is. After a divorce in Louisiana, the only way to "revoke" it is to remarry that person again!

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2 Answers | Asked in Divorce for Louisiana on
Q: Do my spouse have to sign the amending supplement for divorce papers are just be served with them
Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Mar 23, 2018

Why aren't you talking to your divorce attorney?

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1 Answer | Asked in Divorce for Louisiana on
Q: My ex and I have a lot of debt together, what do I do if she is not paying half of any of it ? What paperwork is needed?
Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Mar 22, 2018

Assuming this is an ex spouse, you need a family law attorney to do a partition of rhe community, not simply do it yourself paperwork.

1 Answer | Asked in Divorce for Louisiana on
Q: Is there a way I can legally make my ex husband get my name off a financed vehicle?

Divorced was finalized in April 2016 (if I remember correctly there was no community property agreement). Prior to the divorce we financed a truck and it’s in both of our names. I was told by my lawyer that there is nothing they can really do legally to force him to refinance the vehicle to get... View More

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

The community property can be settled to take care of the car lien and possession of the car. Put together all the documentation you have of his nonpayment.

1 Answer | Asked in Divorce for Louisiana on
Q: My husband and I live in a rent home with no lease. Do I have the right to make him leave?

I’ve asked for a divorce but refuses.

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Mar 19, 2018

No you don't until your attorney files a motion for use of the home and Judge orders him to vacate.

1 Answer | Asked in Divorce and Immigration Law for Louisiana on
Q: If I married an illegal immigrant, does that mean my marriage is fraudulent and not legal? Could I have it annulled?
Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Mar 17, 2018

No your marriage is still legal and requires a divorce.

2 Answers | Asked in Divorce for Louisiana on
Q: Husband refuses to be served, we've been separated for 2 years now.

I've been trying to get my husband served and he won't open the door when the deputy gets to his house, what more can we do? The court date has been rescheduled twice already because of failure to serve him. He says he is trying to get an attorney but that doesn't take 2 years. He... View More

Douglas Lee Bryan
Douglas Lee Bryan
answered on Mar 16, 2018

There are 3 options that I can think of. (1) A private process server can be hired to attempt to serve him, (2) personal service can be attempted at his place of work (or some other place he visits frequently), or (3) if you're not sure that he's still living at the address where... View More

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2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for Louisiana on
Q: Is my non-custodial parent obligated to help pay for college?

My father is my non-custodial parent. I've only met him like 3 or 4 times. I've heard that if you go after your parents for college money you'll win, but it just seems a little fishy. Would I have to go to court, or could we just send him a notice or something? And also, would it... View More

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

Louisiana a is not an enlightened state. College is not included in child support.

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2 Answers | Asked in Contracts and Divorce for Louisiana on
Q: My soon to be ex-wife wants a payoff from me in order for me to retain full ownership of the marital home. Bill of sale?

Would a detailed notarized bill of sale suffice until my divorce is complete, as she is wanting the money immediately?

Douglas Lee Bryan
Douglas Lee Bryan
answered on Mar 15, 2018

An Act of Sale would be the proper document, not a bill of sale. Your attorney can prepare this for you.

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