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Louisiana Divorce Questions & Answers
1 Answer | Asked in Child Custody, Child Support and Divorce for Louisiana on
Q: I need to know the divorce process in Louisiana.

My spouse was caught cheating, though we gave it another shot. He is showing signs of cheating again, and will not allow me access to his phone any further. Would the court be able to pull his phone record so I can have a fault divorce. I believe it will speed up the process.

Mr. James Zitzmann
Mr. James Zitzmann answered on Jan 14, 2021

Having a adultery, fault based divorce actually will slow down the process significantly. And it is much more difficult than a no fault divorce. You should probably pursue a no fault divorce; you can receive all of the relief you need through the regular process as well.

1 Answer | Asked in Child Custody, Child Support and Divorce for Louisiana on
Q: IFP PAPERS IN CHILD CUSTODY SUIT

I filed for child custody and child support along with IFP papers and was approved. After that Initial filing I had to retain an attorney and he then filed a divorce suit and a motion to consolidate the two. However he’s also charged me with the filing fees throughout the process snd I’m not... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jan 12, 2021

Clerk will not issue a refund. But if you gave your lawyer a COPY, he should eat the filing fees.

2 Answers | Asked in Divorce for Louisiana on
Q: My husband divorced me while I was incarcerated, we have not done a property settlement yet but he is selling assets

is this legal?

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jan 8, 2021

You need to hire an attorney to file for Partition of Community Property and a Restraining Order against alienation.

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1 Answer | Asked in Divorce, Family Law and Real Estate Law for Louisiana on
Q: Do I need to get an attorney to get my name off house I have with my ex husband? He refuses to refinance in his name.
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Dec 25, 2020

Yes, you need a community property lawyer.

1 Answer | Asked in Divorce for Louisiana on
Q: Going through a divorce and I pawned some jewelry. My wife took my Pawn receipt and picked the jewelry up. What now?

She stole the ticket from my truck. We are separated and not living together

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Dec 22, 2020

Whose jewelry was it? This will determine the answer on whether it was community or separate property, and hence whether the pawn ticket was community or separate property.

2 Answers | Asked in Divorce for Louisiana on
Q: While sep from my wife she had two other children from different fathers. Why are they listed as mine on paperwork?
Douglas Lee Bryan
Douglas Lee Bryan answered on Dec 10, 2020

If she gave birth to the children while married to you, you are presumed by law to be the father. If this is the case, you should consult with an attorney to discuss how to disavow paternity of the children. Otherwise, you could be legally responsible for paying child support for them.

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1 Answer | Asked in Divorce and Real Estate Law for Louisiana on
Q: AM I entitled to profits from my husband company he started with money from a settlement he received after we married?

My husband received money while we were married from a personal injury lawsuit he had before we were married. He started a trucking company and titled everything under his name. I was told that since he started the company using personal injury money I was not entitled to anything because he used... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Dec 2, 2020

Personal injury pain and suffering and lost wages money from an accident before you were married is his separate property, and anything he buys with it is his separate property. Hire a community property lawyer immediately.

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Louisiana on
Q: How do arrears from previous relationship's child affect our current divorce and custody battle of our child?

My husband is $10K behind on his son from a previous relationship. I am looking to see how this will affect the out come of how much custody he receives of our son we have together and the current divorce.

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Nov 20, 2020

Unfortunately, your child suppoet is in line behind his previous child support order. But it does not affect custody of yiur child.

1 Answer | Asked in Divorce for Louisiana on
Q: Can I file for a divorce for my boyfriend of 3 years while he is incarcerated. He got married while in prison previous

They never lived together she cheated while he was in prison. Nd refused to sign papers when served before .

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Nov 19, 2020

You can hire an attorney to draft it for him. Mail it to him to sign in jail. Then his lawyer can file it.

1 Answer | Asked in Divorce and Family Law for Louisiana on
Q: Still married husband files whistleblower lawsuit get divorced and he gets huge settlement from said suit I got nothing

We live in Louisiana and we’re married 17 years and had 4 children which are now grown. Suit was filed in 2009 we split that year and were divorced in 2012 suit was settled in 2015. I didn’t even know to go to court for the divorce because he lied to judge saying he didn’t know where I was.... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Nov 7, 2020

Hire a community property lawyer quickly.

1 Answer | Asked in Child Custody, Divorce and Family Law for Louisiana on
Q: Mother tried to kill herself and her sister got emergency custody without the dad consent and he wants to get visitation

He wants visitation rights and a divorce

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Oct 31, 2020

He needs to hire a divorce attorney to get divorce and custody.

1 Answer | Asked in Divorce for Louisiana on
Q: Where can I find legal aid to help me get a divorce?
Douglas Lee Bryan
Douglas Lee Bryan answered on Oct 28, 2020

Do an internet search for "legal aid" or "legal services" located in the parish seat of the parish where you live.

2 Answers | Asked in Divorce for Louisiana on
Q: I'm a lawful permanent resident for 2 years, how can I divorce my husband who's not in the country

I got married outside the USA in a different country. I relocated to the USA with my son and have lived separately from my husband for 2 years, I want to divorce him and move on with my life as our marriage disintegrated prior to moving. He is in my home country

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Oct 24, 2020

Hire a divorce lawyer. You can be divorced here.

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1 Answer | Asked in Divorce, Family Law, Child Custody and Juvenile Law for Louisiana on
Q: Can my grandmother gain custody of me in court even though I'm 17?

My mom has been very neglectful towards me and not my sisters so I'm wondering if my grandmother on my dad's side of the family can get custody of me in court

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Oct 20, 2020

You are a minor. Yes your grandmother can seek custody of you.

1 Answer | Asked in Family Law, Divorce and Traffic Tickets for Louisiana on
Q: I need an attorney that practices in both states of Louisiana & Mississippi. Mississippi case would be family law And

The Louisiana case is a traffic violation.

J. Heath Dillon
J. Heath Dillon answered on Oct 9, 2020

I notice that you have not received a response after some amount of time. I suggest you change your approach. By asking for an attorney licensed in both Mississippi and Louisiana who practices particularly in family law AND traffic citations, you have narrowed your pool of potential attorneys... Read more »

1 Answer | Asked in Divorce and Domestic Violence for Louisiana on
Q: Abusive spouse refuses to sign unless I give in to his abusive demands. I've been diagnosed with PTSD from his abuse.

I left 2 1/2 yrs ago after several years of abuse and adulrty all I can prove. I recently filed and sent them certified mail with return receipt (he lives in MO I'm in LA) he has texted me with pics showing he has papers with demands I give into his sexual and mental abuse or he refuses to... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Oct 5, 2020

Hire a lawyer!!! Print all proof of abuse or harassment.

2 Answers | Asked in Divorce and Immigration Law for Louisiana on
Q: My spouse dumped me right after receiving their green card. What legal options do I have?

About a year ago, I started to become suspicious that I was being used for a green card. I thought my suspicions were ridiculous, and so I ignored them. Then, a day after receiving the green card, my spouse dumped me. What should I do?

Edit: My spouse just received the green card with the... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Sep 24, 2020

Divorce your spouse and call immigration.

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1 Answer | Asked in Divorce for Louisiana on
Q: If I have proof of my husband cheating and he has been working out of town he also took his girlfriend with him

I also bought a truck for him while we were together last week he says he isn't going to pay me back for the truck I've also have proof of that also what can be done

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Sep 24, 2020

Whose name is on the truck title?

You can get an adultery divorce if your evidence is good.

1 Answer | Asked in Divorce for Louisiana on
Q: What do I do if I have a message from my wife saying to me she has a boyfriend.

We have been separated a week

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Sep 21, 2020

Hire a private investigator to document it before you do anything else.

1 Answer | Asked in Civil Rights, Divorce and Family Law for Louisiana on
Q: Can my wife have her parents call the police and make me leave our home of six years.

I was told be the parish police department to leave my home walking with no where to go.

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Sep 20, 2020

Well it sounds like they already did it. You need a divorce lawyer.

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