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Louisiana Divorce Questions & Answers
2 Answers | Asked in Divorce for Louisiana on
Q: My wife left me. She says her attorney will contact me. She wants to get some more stuff later. Do I have to let her?

I inherited the home. Will she get half. I can't work due to injuries and surgeries. She will get a settlement from a wreck. Can I get half of that?

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

Home is yours alone. Change the locks. Hire a lawyer. Her wreck is hers alone.

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1 Answer | Asked in Divorce for Louisiana on
Q: My wife, cheated twice.. same guy, left me both times. Has received large sums of money, shortly afterwards. She knew .

Married in LA. She lives there with him. She has been given at least 3 or more cash gifts that she knew were coming, shortly after leaving me. Can I sue for half of the cash gifts? Or undue emotional distress, loss of freedom?

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

Gifts to her are her separate property. If she has cheated on you and lives with him, you can obtain a divorce in 45 days. Hire a divorce lawyer.

2 Answers | Asked in Divorce, Family Law and Child Custody for Louisiana on
Q: My wife and I seperated while she was pregnate she gave birth while we were still married but she refuses the kid to me
Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Mar 3, 2018

Hire a family law attorney to seek custody or visitation. However, it's likely she will then seek child support from you. Is your divorce now final?

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2 Answers | Asked in Divorce for Louisiana on
Q: What does waiver of service, citation and notice of trial mean?
Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Mar 3, 2018

You already asked this question. It is foolish to sign the Waiver without having a family law attorney review the Petition for you

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1 Answer | Asked in Divorce for Louisiana on
Q: I agreed to a divorce. I was emailed a petition for article 103(1) divorce and a waiver of service, citation,.

I’m wanting to know what this exactly means?

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

It means you need to print anything emailed to you and take it to a family law attorney to review.

2 Answers | Asked in Divorce and Family Law for Louisiana on
Q: My husband is in another state and I haven't seen him in over three years. I don't have much money to my name.

How do i file for divorce with little money

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

Many attorneys accept credit cards.

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2 Answers | Asked in Divorce for Louisiana on
Q: how long after divorce do u have to split community property

louisana guide lines time peorid to assest property

Douglas Lee Bryan
Douglas Lee Bryan
answered on Mar 2, 2018

The community property can be partitioned at any time after the petition for divorce is filed.

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1 Answer | Asked in Divorce for Louisiana on
Q: In Louisiana, if my soon to be ex and I lived "as husband and wife" before our divorce was final, what then

Can I have final divorce postponed

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

This may be reconciliation if it was your intent to repair your marriage. Hire a family law attorney.

1 Answer | Asked in Family Law, Divorce and International Law for Louisiana on
Q: I married a woman from Brazil in New Orleans in 2007. She abandoned the marriage in 2013 and returned to Brazil.

We both want divorce now. No children. No property. What is the most expeditious way to proceed.

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Feb 28, 2018

Hire a lawyer to get a 103 divorce and potentially needed Curator.

2 Answers | Asked in Divorce and Family Law for Louisiana on
Q: What is considered to be found at fault when it comes to alimony in LA? Can you be made to pay your spouses attorney?

My wife cheated about a yr ago I tried to make it work due to pressure from her father. Throu this course of time it didn't seem to get much better and trust never grew. I recently met someone while still married, and now my wife and I are getting a divorce.. who could be found at fault?

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

Unfortunately you will be found at fault and her adultery was cured by reconciliation. Hire a divorce attorney.

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1 Answer | Asked in Divorce and Real Estate Law for Louisiana on
Q: When trying to re-finance my home, the underwriter requested the judgement of separation of community property.

Why is this necessary, as my mortgage is in my name only, and my ex-husband received payment for his interest in the home when I purchase.

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

The mortgage company is trying to protect itself. Property purchased during the marriage is community property, unless there was a prenup, even if only one party listed on title. Mortgages taken out during the marriage are a community liability, unless there's a prenup, even if only one... View More

2 Answers | Asked in Divorce for Louisiana on
Q: I have been divorced since April 2016. My ex-husband and I still own a piece of real estate together

which was purchased with cash given to us by his parents as a wedding gift. In Louisiana, am I still entitled to a share of the property, especially since my name is on the title?

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

Yes you are absolutely entitled to half the value of this real estate. Contact a family law attorney to do a partition of the community. He can buy you out, you can buy him out or the property can be sold and proceeds split.

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1 Answer | Asked in Divorce and Family Law for Louisiana on
Q: My wife plans on filing for divorce, but living at different addresses isn't financially possible for us...

Because of the financial circumstances where neither of us can afford to pay to live elsewhete without significant financial hardhship, is there a means of living separately at the same address, and how can we prove that to ensure the process isn't disrupted?

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

While this used to not be so, under the current law in Louisiana, spouses can live "separate and apart" under the same roof. Usually proof is offered based on the parties' testimony that they have not lived "as husband and wife" for the required length of time. Generally... View More

1 Answer | Asked in Divorce for Louisiana on
Q: Is there any other way to pay spousal support in louisiana other than cash or check?

I am a disabled vet on a fixed income, my ex wife makes above median income, and should have never gotten awarded spousal support. I have arears because i cant pay. Can I bring in items like a motorcycle or product i produce like honey as payment in louisiana.

Mr. James Zitzmann
Mr. James Zitzmann
answered on Feb 14, 2018

If you have an agreement with your former spouse, yes you can. The exception to this is if your spousal support case has been adjudicated in non-support court, then you cannot.

1 Answer | Asked in Divorce for Louisiana on
Q: I been married to my husband almost 4 years. Am I entitled to anything if we divorce

Our home was purchased after marriage. He put everything that was purchased in his name my name isn't on anything

Douglas Lee Bryan
Douglas Lee Bryan
answered on Feb 11, 2018

In Louisiana, assuming that you don't have a prenuptual (pre-marital) agreement, then anything purchased during the marriage is community property, regardless of whose name it is in.

1 Answer | Asked in Child Custody and Divorce for Louisiana on
Q: I have joint custody for my son and i have provided him all the expenses. do i still have to split the child tax credit?

my ex-husband has not been providing anything for my son for the past two years and have changing jobs with no stable income to provide for my son. my son have been living with me all fours years of high school. I have been providing all the living expenses and my divorce paper stated that we both... View More

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

You would need to file to modify the judgment in court.

1 Answer | Asked in Child Support and Divorce for Louisiana on
Q: I haven't lived with my wife in over a year. If we were to file, would we still have to be separated for a year?

I have been in Afghanistan since Nov 2016

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

No, if you've been voluntarily living separate and apart for over a year, you should be entitled to an immediate divorce. You would be the only one to contest the "voluntary" part, in that you were actively deployed and didn't have much say in the separation. Give me a call,... View More

1 Answer | Asked in Divorce for Louisiana on
Q: If I divorce my husband and he has income and I do not, due to disability, what happens to me?

I filed for disability, they declared me disable, but told me I could not collect SS for three years. I need to refile. My husband keeps threatening me, and telling me I will be out on the streets or back home with my mom. Is this true? Will he not have to split his paycheck with me? I am very... View More

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

You have the right to ask the court to order your husband to pay spousal support (alimony) during and after the divorce. The amount he would owe depends on his income and your needs.

1 Answer | Asked in Divorce for Louisiana on
Q: Do I have to go get divorce paperwork if they can't serve me in another parish?

I live in one parish, work in another. Sheriff's Dept only serves during regular business hours no weekends. I am not home during the day, they want me to come pick up the paperwork. Does this prolong the divorce if I don't go get the paperwork?

Mr. James Zitzmann
Mr. James Zitzmann
answered on Feb 1, 2018

Yes, it will prolong it because you need to be served in some way.

1 Answer | Asked in Child Support, Divorce, Family Law and Child Custody for Louisiana on
Q: How can I get assistance from a lawyer, If we haven't been separated for a year. I need to know what my rights are.

My Husband has asked for an divorce Jan. 4th 2018. We only just got married Nov. 12th 2016, he is the primary provider. I haven't worked since 2012 because our daughter suffered a traumatic birth, and 7 months later was diagnosed with a malignant brain tumor, were she received 2 brain... View More

Douglas Lee Bryan
Douglas Lee Bryan
answered on Feb 3, 2018

The simple answer is to contact an attorney that advertises that he/she handles matters involving family law (divorce, custody, and support). If you maintain custody of your child, you would be entitled to child support, which would include a portion of the extraordinary expenses associated with... View More

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