Ask a Question

Get free answers to your Divorce legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Louisiana Divorce Questions & Answers
1 Answer | Asked in Contracts, Divorce and Family Law for Louisiana on
Q: How can we dissolve a prenuptial agreement signed in Louisiana?

My husband and I want to dissolve our prenuptial agreement, which was signed in March 2009 in Louisiana. We both agree to dissolve it but cannot find the original document, and the attorney who helped us has retired. Both parties are willing to sign a specific document to dissolve the prenup. What... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Mar 10, 2025

Short version is that I highly recommend that you hire an attorney to prepare the paperwork to make sure it is done correctly as at some point in time in the future you do not want to have someone go back and say the agreement is void or not enforceable because it was not done correctly. If I... View More

1 Answer | Asked in Divorce, Child Support and Family Law for Louisiana on
Q: Can my ex-wife request child support after initially declining it?

I divorced my ex-wife in September 2024. During the child support hearing in August 2024, she told the court she didn't want child support, and later declined my offer, saying it wasn’t enough. She informed me she filed for child support in January 2025, even though I haven't received... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Mar 10, 2025

Yes, she can but she can only receive child support from the date of (new) filing. Also, the reason(s) she declined child support before may be relevant to the child support amount moving forward----my recommendation is that you at least have a sit down consult with a lawyer in your area to... View More

1 Answer | Asked in Divorce and Family Law for Louisiana on
Q: What are my options for financial support after a 15-month marriage with no pre-nup in Louisiana?

I have been married for 15 months, staying home upon my husband's insistence, while he works. He started lying and talking to other women only 7 months into our marriage. We have no children, and everything, including my car, is in his name. There is no prenuptial agreement. I'm concerned... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Feb 26, 2025

Your have options but in order to obtain them you most likely will have to go to Court ----at this time, I highly recommend that you set up a consultation (or 2) with a divorce/family law lawyer in your area----sit down with them, discuss the specifics and they can tell you your options in detail.... View More

1 Answer | Asked in Divorce, Family Law and Real Estate Law for Louisiana on
Q: Married 20 years, want to leave but fear desertion claims, no kids involved.

I have been married for almost 20 years. We own a home together and I would like to sell it and split the profit, as well as divide a few shared items. We currently live in the same home, even sharing a bedroom. I want to leave, but I'm not sure if I would forfeit everything, as in a claim of... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Feb 20, 2025

If you have a community property regime, which you most likely have, 1/2 of the marital assets and 1/2 of the marital debt is yours and the other half is his regardless of who is at fault in the marriage. I recommend that you contact a divorce/community property/family lawyer in your area and have... View More

1 Answer | Asked in Divorce and Family Law for Louisiana on
Q: What are my options for a Divorce from a spouse who committed infidelity?
Randy Bryan Ligh
Randy Bryan Ligh
answered on Feb 10, 2025

There are various ways to obtain a judgment of divorce in Louisiana---most will select the option of having lived separate and apart for the period of time which would allow you to get divorced---depending on one's situation, 180 days or 1 year. You can also obtain a divorce based on... View More

2 Answers | Asked in Divorce and Family Law for Louisiana on
Q: If separate funds was used to purchase a home during marriage is it separate or community

Immediately upon getting married I sold my separate home, then took separate money and purchased a new home while married, my then wife did not and could not contribute she still owned a separate home. Upon sale of her home she moved into the new home i purchased. Is this still considered... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Sep 18, 2024

Arguments can be made that it's separate property or that it's community property. I would suggest you sit down with a community property or family law attorney to specifically discuss this and determine a strategy for what you desire and if it's practical. For example, one needs... View More

View More Answers

1 Answer | Asked in Divorce and Family Law for Louisiana on
Q: Does a mother have the right to take our kid and move from LA to SC without the fathers consent if they're not married?

My daughter and mother live with me. We're not together anymore and she isn't paying rent. My daughter goes to school here and the mother wants to up and leave to SC where her mother lives. There's no abuse or negligence on my part, she wants to move over there because her mother is... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Aug 29, 2024

If this is an issue and/or might become an issue, then the paperwork between you and the mother regarding custody of the child will be important. What does it say as to relocation? If there is non paperwork currently, then I would immediately contact a family law/custody lawyer in your area to... View More

1 Answer | Asked in Divorce for Louisiana on
Q: Me and my husband live with he's parents and hes cheating on me.

And kicking me out

Tim Akpinar
Tim Akpinar
answered on Aug 18, 2024

This is something that Louisiana divorce attorneys should advise on, but you posted last week - and sadly, it looks like you're being kicked to the curb.

- You could start seeking help through legal aid organizations or pro bono attorneys. Here is a link to some leads on this website -...
View More

1 Answer | Asked in Divorce and Family Law for Louisiana on
Q: How do you proceed with legal separation/divorce when the only thing you own together is the house
Randy Bryan Ligh
Randy Bryan Ligh
answered on Aug 5, 2024

My recommendation is that you should consult with a lawyer to discuss your options and to determine the best way to proceed at this time---that's the best thing to do. In further answer to your question, you can either not seek determination of the commuity property at this time and simply... View More

1 Answer | Asked in Family Law and Divorce for Louisiana on
Q: Does a finalized divorce void the communal property law in Louisiana?
Randy Bryan Ligh
Randy Bryan Ligh
answered on Jul 17, 2024

No. Once the community property is terminated, income and debt you earn/obtain is solely yours moving forward but the already existing community property is still that. If your community property is terminated, then the community property between spouses remain just that, except that you are now... View More

1 Answer | Asked in Divorce and Family Law for Louisiana on
Q: How can I obtain a divorce when I don’t know where my husband is and we have been apart for over 30 years?

I have his last known address from 12 years ago.

Randy Bryan Ligh
Randy Bryan Ligh
answered on May 28, 2024

If you do not know the whereabouts of your spouse, you can still obtain a divorce but it is more expensive as you have to ask the court to appoint a curator (which would be an attorney) to make reasonable efforts to locate your spouse---it is more expensive because you are responsible to pay the... View More

1 Answer | Asked in Divorce and Family Law for Louisiana on
Q: To finalize my divorce, do I have to file a motion for judgment of divorce or just the judgment of divorce?
Randy Bryan Ligh
Randy Bryan Ligh
answered on Mar 28, 2024

Courts in Louisiana are not 100% uniform in how they will grant a divorce, especially if you are not represented. My advice is to call the local bar association and see if they can provide any assistance to you, or if they can recommend an attorney who will meet/consult with you at a reduced rate... View More

1 Answer | Asked in Divorce, Personal Injury and Family Law for Louisiana on
Q: When divorced a settlement was had . But spouse refused to give my share even when my name as her husband was on the sui

Suit. Judgement was 2014 divorced in 2022 AM I entitled by Ohio law my share.

Randy Bryan Ligh
Randy Bryan Ligh
answered on Mar 11, 2024

If the settlement has been signed by a Judge as an Order of the Court or a Judgment of the Court, then return to Court and seek enforcement of the Judgment. If you have an attorney representing you then I advise you to contact said attorney about this. If you did not have an attorney, then please... View More

1 Answer | Asked in Divorce, Child Custody and Family Law for Louisiana on
Q: Hello, what is the likelihood a male may be granted SPLIT or JOINT custody in Louisiana?

Married for 10 years, child is 7 years old, both would be living locally to child's school, no criminal history for both parents, no history of domestic abuse from either parties, no infidelity on either side, everything is under fathers name, father employed as AVP Branch Manager, Wife... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Feb 16, 2024

All cases are different and depend on the specific facts however the Courts prefer that both parents be involved in the life of the child so based on that, the likelihood of joint custody is high. I am not sure what you mean by SPLIT. If you mean SHARED, then the answer remains the same: the... View More

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Louisiana on
Q: Can I divorce my husband I have 2 kids with for free and how long would it take if I give up rights to kids
T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 8, 2024

In Louisiana, obtaining a divorce, even with the intention of relinquishing rights to children, may not be entirely free due to court fees and possible attorney costs. However, low-income individuals might qualify for a fee waiver or reduced-cost legal services through legal aid organizations. The... View More

1 Answer | Asked in Divorce and Family Law for Louisiana on
Q: Falsified court documents. Divorce filed stating there were no children born during the marriage and there was

I am not the biological father but the baby has my last name because we were married before and after she was born

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jan 28, 2024

You certainly have a right to dipsute this should you choose to do so. You should consult with a family law attorney in your area to discuss your options re: the breakup/dissolution of your marriage and the incidental matters, including, divorce, child support, child custody, spousal support and... View More

1 Answer | Asked in Divorce and Family Law for Louisiana on
Q: I would like to get divorced. I have lived in Louisiana for two years, my spouse is in California. We have no children.

We own a business together. I filed federal and state taxes in Louisiana (married separate). My spouse filed taxes in California (jt).

We own a condo together. We are broke. Barely getting by. I am unemployed. How can I divorce for least amount of expenses?

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jan 16, 2024

My answer is that if you are currently living in Louisiana, then you should file in Louisiana-----that said, you indicate that you own property, you do not mention your debt, if any, of the community, so I recommend that before you file that you at least consult with a family law/divorce attorney... View More

1 Answer | Asked in Divorce, Family Law, Real Estate Law and Probate for Louisiana on
Q: I believe an illegitimate deed was filed after a divorce decree was signed. Can a deed override a divorce decree order?

A divorce decree left property to my sibling and I in the event of my father’s death. He passed recently and I found that his wife who lived in the property with him but never purchased or paid the “now free and clear” mortgage, name is included on the deed along with him. Is this a... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 1, 2024

In Louisiana, a divorce decree that addresses property distribution typically has legal precedence over later actions, such as the changing of a deed. If the decree explicitly awarded your mother's half of the property to you and your sibling, this should be honored unless legally modified... View More

1 Answer | Asked in Divorce and Child Custody for Louisiana on
Q: Should I file for divorce in LA or wait until I move to TX?

I live in Louisiana and want to move to Texas with my two children, ages 6 years and 7 months, as I've been offered better job opportunities there. We currently have no custody agreements in place, and their other parent disagrees about moving. Should I wait until I live in Texas before filing... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Feb 27, 2025

This is a difficult post to provide an informed answer because more specific information. The best thing to do is to contact a family law/divorce/custody lawyer in Louisiana near you and have a sit down to discuss the specifics of your situation. After all, in addition to filing for divorce, there... View More

1 Answer | Asked in Divorce, Family Law, Personal Injury and Constitutional Law for Louisiana on
Q: I can’t get an attorney to assist me. What do I do about a court that refuses to provide proper jurisdiction documents

From the inception of this case courts have manipulated documents changed orders without jurisdiction ex-wife left the state with a child the LADCFS just attorney‘s office and child support court. All refused to disclose the location of my child although I was awarded joint custody Even at the... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 27, 2025

It sounds like you are dealing with a very frustrating and complicated legal situation. When a court refuses to provide jurisdictional documents or clarify its authority, you have a right to challenge this and demand accountability. Start by filing a formal written request or motion with the court,... View More

Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.