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Louisiana Divorce Questions & Answers
1 Answer | Asked in Divorce for Louisiana on
Q: Can an estranged spouse claim property rights to a newly purchased property?

I've been estranged from my wife for 18 months. Divorce papers have not been filed yet. I just purchased a new home (my wife lives in our former marital home that I continue to pay for), and we own one other completely paid off home as community property as well. Can my wife claim my newly... View More

Douglas Lee Bryan
Douglas Lee Bryan
answered on Jun 27, 2017

Even though you don't live together, your community continues to exist until a Petition for Divorce is filed. Therefore, any property either of you buys and any debt that either of you accumulate is community until one of you files for divorce. If you don't intend on getting back... View More

1 Answer | Asked in Child Support and Divorce for Louisiana on
Q: Does any of the parties have to pay child support if one child stays with the mother and one with the father.

Husbands order to pay child support after divorce but he cares for one child and she cares for the other.

Douglas Lee Bryan
Douglas Lee Bryan
answered on Jun 19, 2017

Under Louisiana's child support guidelines, if one parent makes more money than the other parent, the one making more would end up paying the one making less a reduced amount.

1 Answer | Asked in Divorce for Louisiana on
Q: Divorce with no marital assets

I have been separated from my wife since October of 2016 and have been put through the ringer with numerous restraining orders and she is attempting to get me to violate the current order by driving past my home and threating to cause problems with my job. I need any advice on how to file the... View More

Douglas Lee Bryan
Douglas Lee Bryan
answered on Jun 12, 2017

Sounds like you're asking about two different issues:

Regarding the divorce, if the only issue is a divorce without dealing with any ancillary issues (i.e. custody, support, or community property), many attorneys will handle this for a low fee + court costs. Give me a call and...
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1 Answer | Asked in Divorce for Louisiana on
Q: I am getting a divorce. My wife requests restoration of her maiden name. They kicked the Affidavit back citing CCP 3947.

The form says: "CCP 3947 name confirmation may be requested by the wife's exparte motion and order". They didn't tell me what they were looking for. Would her birth certificate be the answer?

Douglas Lee Bryan
Douglas Lee Bryan
answered on May 27, 2017

La. CCP Art. 3947(B) states:

B. The court may enter an order confirming the name of a married woman in a divorce proceeding, whether she is the plaintiff or defendant, which confirmation shall be limited to the name which she was using at the time of the marriage, or the name of her...
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1 Answer | Asked in Divorce for Louisiana on
Q: Husband committed adultery but for financial reasons can he live in another room of our home and I still file adultery?

Married 41 years. No young children but neither of us can afford to live seperate places Just time to move on but marriage is over

Douglas Lee Bryan
Douglas Lee Bryan
answered on May 14, 2017

Under the current law, yes. Give me a call and I'll be happy to discuss your options further.

1 Answer | Asked in Divorce for Louisiana on
Q: I was married in Pierre partte Louisiana and I live in Gonzales Louisiana. Where do I file for divorce
Douglas Lee Bryan
Douglas Lee Bryan
answered on May 10, 2017

In Louisiana, you can file for divorce in the parish where you were married, the parish where either you or your spouse live, or in the parish you and your spouse last lived together.

1 Answer | Asked in Divorce for Louisiana on
Q: If I want to keep the house and buy my wife out but she only wants to sell, do I have any legal way of keeping it?
Ray Choudhry
Ray Choudhry
answered on May 2, 2017

Unless there is some special reason for her wanting to sell the house, most judges will allow one party to stay in the house and buy the other one out.

2 Answers | Asked in Divorce and Personal Injury for Louisiana on
Q: Is an injury settlement acquired during a marriage considered joint property or only the property of the injured?

This settlement was used as a down payment for a home for the married couple. 9 years after the divorce, the husband wants the ex wife to pay him for half of the down payment because it was his settlement money that was used. If he received this settlement during the marriage and it was used for... View More

Peter N. Munsing
Peter N. Munsing
answered on Apr 21, 2017

1)it depends on state law, and in some states it isn't settled. 2)Secondly, when it was used for a joint purpose, it would become joint property. As such though, if the property settlement includes equity on the house he might get something; if not, then I don't see it.

Why not...
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1 Answer | Asked in Adoption, Arbitration / Mediation Law, Child Custody and Divorce for Louisiana on
Q: If my estranged husband hasnt tried to contact my son in about 7yrs.Can I get divorce and terminate his parental rights?

I got married October 21, 2007. Then found out I was, surprisingly pregnant, around march 2008! This man was already very controlling and when the baby was born he got worse and started Being verbally abusive and had started to do things that was actually threatening the life of my son and I! After... View More

Douglas Lee Bryan
Douglas Lee Bryan
answered on Apr 18, 2017

You can get a divorce immediately based on living separate and apart without reconciliation for a period of 1 year. You can ask for sole custody in the divorce proceedings. Once you and your fiance have been married for 6 months, he can file to adopt the child. The father's rights can be... View More

1 Answer | Asked in Divorce for Louisiana on
Q: Can an attorney file a motion to reverse a divorce due to non payment by client once it's finalized by judge
Charles Joseph Stiegler
Charles Joseph Stiegler
answered on Mar 30, 2017

Your failure to pay your attorney will not result in you being somehow "re-married" as if the divorce never happened. However, your lawyer can sue you for breach of contract or bring you to arbitration before the Bar Association. You got what you paid for - the divorce - and you have an... View More

1 Answer | Asked in Divorce for Louisiana on
Q: Could have separation of property before finishing discovery or divorce decree?
Douglas Lee Bryan
Douglas Lee Bryan
answered on Mar 21, 2017

Yes, in Louisiana one can petition the court for a decree of separation of property once a divorce suit has been pending for at least 30 days.

1 Answer | Asked in Divorce for Louisiana on
Q: Can my husband install a security camera in an apartment we lease in LA together without my knowledge?

We are having marital problems & I believe he installed this camera to track my comings & goings from this apartment. He has filed for divorce, but I have not been served yet.

Douglas Lee Bryan
Douglas Lee Bryan
answered on Feb 22, 2017

Under Louisiana law, if a person owns or has the right to use of property, he or she may install security cameras on/in it. Of course, one cannot install surveillance cameras in areas where privacy is expected, such as in a restroom or shower area.

1 Answer | Asked in Divorce, Family Law, Real Estate Law and Tax Law for Louisiana on
Q: Can a co owner who had exclusive use of the property stop paying the taxes on it let it sell in tax deed sale

E

Ben F Meek III
Ben F Meek III
answered on Feb 19, 2017

As co-owner you are jointly responsible for the taxes. Your agreement with your co-owner is not something the taxing authorities are a party to and they don't care about it. They can look to either of you or both of you to pay the taxes. And if you don't, they can attach and sell the... View More

1 Answer | Asked in Divorce for Louisiana on
Q: Can I get a 6 month legal separation
Robert Martin Louque Jr
Robert Martin Louque Jr
answered on Aug 19, 2016

Louisiana does not have a mechanism where you are declared "legally separated" anymore. If you have already been separated for 6 months and you have no children, you can petition the court for a divorce. If you are looking to be divorced and you have no children you can file a... View More

1 Answer | Asked in Divorce and Domestic Violence for Louisiana on
Q: Domestic violence is what has led my marriage to end . No children . Charges pending against spouse. divorce law to fil

Which divorce law should I file under

Robert Martin Louque Jr
Robert Martin Louque Jr
answered on Aug 19, 2016

You can obtain an "immediate divorce" based on Louisiana Civil Code Article 103(4). You still have to prove the violence occurred (even if he does not answer the divorce papers). It may be best to have a lawyer handle this case.

1 Answer | Asked in Divorce and Personal Injury for Louisiana on
Q: Can I send a demand letter to husband girlfriend to dessolve relationship until divorce is final or suit will he filed

For intentional infection of emotional destress against her

Peter N. Munsing
Peter N. Munsing
answered on Jul 9, 2016

In a way that's what the divorce is. intentional infliction cases are very rare, have a narrow band of circumstances. There used to be a case "alienation of affections" but that too has withered. Put the money you'd have to spend on suing her on something nice for... View More

1 Answer | Asked in Divorce and Family Law for Louisiana on
Q: Hello. i need to know what or the steps i need to take for divorce?

My marriage is over. Im mentally drained. i centered myself around my cheating husband and kids. Im an at home mom. We have been together for 20 plus years. My husband want to be able to be wild and free...and have a wife at home. Im just done.

Robert Martin Louque Jr
Robert Martin Louque Jr
answered on Aug 24, 2016

You have a couple options, you can file for a divorce based on adultery that would end the marriage sooner but would also end any entitlement you have to interim spousal support sooner. You can also separate from your husband, file a "no fault" divorce and then wait 12 months after he is... View More

1 Answer | Asked in Divorce and Family Law for Louisiana on
Q: Marriage kids child support

Hey, half year ago, I'm was in business trip in another city and I'm started dating with woman. she have 2 kids. And 4 me was a surprise when she is asked to marry her.

And honestly I'm fall in love with she but... I'm guess she is just tricky, and want from me only... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 6, 2015

I doubt it. They would be your step-children, who you would have no duty to support. But you might want to talk to an attorney in your state; Louisiana law can be tricky because part of is based upon the Napoleonic Code, which is a mystery to most American lawyers.

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