That is unlikely to actually happen if all of the stuff you mentioned is community property. However, it would be possible to craft a consent judgment on the partition the way you want to do it. You do need to make sure they issue is properly before the court to avoid lesion.

Thank you for posting your question. I can complete an uncontested divorce for 400 plus costs, which should be around 300. Please give me a call at 504-434-0462.

Under Louisiana law, your husband would have to be listed on the birth certificate, unless (1) your husband signs an Act of Disavowal, and (2) the boyfriend signs an Acknowledgment of Paternity. The hospital will have the documents necessary for this. If your husband refuses, either he would have... View More

Of course, I have not reviewed the decree, but from the facts you've given me, I do not see how you forfeited your rights to receive the funds upon your remarriage. The judgment appears to address the issue of community property, not spousal support, so your rights would be unaffected by... View More

If service of the petition was made, then yes.

He would only owe rent if you filed pleadings asking for same. This usually is something that is asked for in pleadings filed in your divorce and/or community property proceedings. A lawyer can help you ask for this. Give me a call and I'll be happy to discuss further.

Under Louisiana law, your husband could not marry another person if you and he are still married. The "new marriage" would be an absolute nullity as if it never existed. The "new wife" may have a cause of action against your husband if she in good faith believed she was... View More

Based on what you've written, it appears that you were appearing solely for the purpose of acknowledging that your spouse was purchasing the property solely with her money as her separate property. If this is so, you agreed that the property was being bought as her separate property and that... View More

You can decide on a consent judgment to partition the community property in any way you two want to. However, you want to make sure the motion to partition is properly before the court to avoid the possible issue of lesion.

Although there are some older Louisiana cases that contain negative treatment of homosexuality in the context of child custody, that is generally no longer considered in and of itself.

The issue of use of the community home is handled during the divorce proceeding. It isn't possible to use the normal eviction statutes.

You can still get a divorce, but it will cost you a little more. If he can't be served, then you'll have to have him served through an attorney (called a curator ad hoc) appointed by the court to represent him. The curator will take some rudimentary steps to try and locate him and may... View More

His signature isn't necessary to obtain a divorce in Louisiana. If he refuses to cooperate, you should be able to obtain a default judgment of divorce if he is properly served. Service would have to be made by the Sheriff's Office if the prison is located in Louisiana, or by... View More

If you were living there with his permission, then he would have to legally evict you. Therefore you have the right to enter the property to gather your property.

If this is the marital home, (especially if it's community property or if you're on the lease) you have the right to access to the home. You have the right to hire a locksmith to let you in or enter through a window to access the home. He can't press charges because you... View More

You do not have to wait for the settlement of any other issues. Based on what you have said, you can file the rule to show cause why a divorce should not be granted at any time. Any party can file this rule; you do not have to be the petitioner.

Abandonment is really only relevant to prove fault for purposes of permanent alimony in a divorce. All of the things you mentioned could certainly be used against her in getting custody of the children, however. Give me a call, and I'll be happy to discuss further with you.

If you've been separated since 2012 and have no children with your wife, you can get an immediate divorce under La. C.C. art. 103. Give me at call; I'd be happy to help.

The lowest child support payment under the child support guidelines is 100 per month, however this can be deviated from if the parties entered into a consent judgment. Also, a party can file a motion to modify child support if they can show a material change in circumstances.