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Louisiana Divorce Questions & Answers
1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Louisiana on
Q: My boyfriend is scared that his bm is going to put him on child support if she finds out that I’m pregnant

He has a whole baby room for his son and buys him every and anything she ask him for him if she needs diapers, food, etc he gets it. he try’s to see him as much as he can but she always turns him down. In reality she’s just bitter because they aren’t together anymore and that’s because of... Read more »

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

Your decision to have a child is your decision, not his and not his baby mama's. Yes she can put him on child support and so can you. If he wants custody or visitation, he can hire a custody lawyer.

1 Answer | Asked in Divorce for Louisiana on
Q: My husband didn’t answer within time frame. My PD was denied. Husband now responds 3mths later. Wht happens now
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on May 29, 2020

PD must have been denied for a reaaon. Now it has to be are for trial.

1 Answer | Asked in Divorce for Louisiana on
Q: Married in 1996, left 1998 in Harris County, TX. Have not seen husband in 24yrs. I don't know where he is. I live in LA.

I want a divorce. May already be but I don't know.

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

Hire a divorce attorney who can get a Curator appointed to get you divorced.

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Louisiana on
Q: Do u still have to have a hearing if you filed a motion of default?

My attorney filed a motion of default and I still had to attend the hearing for custody, alimony and division of some assests..I wasnt properly represented and he ended up not paying alimony , getting his visitation with the child unsupervised and the home which I initially purchased when we got... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on May 18, 2020

So your attorney filed a Preliminary Default and at the Prima Facia hearing got clobbered. Hire a new lawyer. But yes, there had to be a Prima Facia Hearing to confirm the default.

1 Answer | Asked in Divorce for Louisiana on
Q: Can you buy property as soon as you file for divorce in Louisiana? Will that property be separate property?

My husband wants to buy a separate house so his son can have it but we aren’t divorced He wants it to be separate property so I don’t have rights to it

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on May 11, 2020

If your husband's name is not on the Act of Sale or mortgage, no problem.

If your husband is going to be on the Act of Sale or mortgage, then a Real Estate Attorney can draft Waivers of your rights in the property and waiver of your liability for the mortgage. Have your OWN attorney...
Read more »

1 Answer | Asked in Divorce, Family Law and Child Custody for Louisiana on
Q: Can you lose visitation rights if you harbor a runaway child who is subject to the visitation rights?
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on May 8, 2020

Yes you can lose visitation. You can also be criminally charged.

1 Answer | Asked in Divorce for Louisiana on
Q: If my husband and I have been separated for 8 months and have no kids, but he is active duty which form do I file?

My husband and I have lived in different homes for the past 8 months. We have no children or property together. I went to file the 103 but it says neither party are active duty in the military. He is active duty, so which form do I fill out? Thank you

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

Active duty under the Service Members Relief Act, are protected from prosecution in any civil suit, i.e. you can't sue them for divorce or anything else until their tour of duty is completed.

1 Answer | Asked in Divorce and Family Law for Louisiana on
Q: I'm confused about which divorce to file-- with or without kids

My spouse and I have children from the marriage, but kids were taken by cps 4 years ago and custody given to my parents. Looking to file possibly in Caddo or Jefferson parish. But are we eligible to file uncontested without kids as we don't have rights to make decisions, or will the judge see... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on May 1, 2020

Unless your children have been adopted, you need to file "with children"

1 Answer | Asked in Divorce for Louisiana on
Q: Husband and I have not lived together in over 2ys, we are still legally married, no divorce or no type of separation

No separation agreement and i found out he is in a physical relationship with another woman for the past 3yrs & she lives with him. Is this grounds for adultry and is his rental home considered mine also since Louisiana is community property & he rented this home while still married?

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Apr 27, 2020

Yes, his living with another woman is adultery and grounds for immediate divorce. It sounds like he has lived in the rental home for 3 years. That means your 1 year lease expired and he has entered a new lease, excluding you. If it was a commercial lease, like of a brick and mortar Walgreens, it... Read more »

1 Answer | Asked in Divorce for Louisiana on
Q: Me&ex spouse still owe fees for our divorce and I pay my fees and my ex doesn’t pay their fees are we still married

If I pay my fees am I considered divorced even if my ex doesn’t pay her fees?

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Apr 26, 2020

No. All court costs must be paid for the judge to sign your judgment of divorce.

1 Answer | Asked in Divorce for Louisiana on
Q: After the 180 day’s have pasted, which I have paid the award judgement. Is payment still required
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Apr 21, 2020

You have asked this question for the third time. Spousal support is due from the time it is requested until 180 days after the divorce is final. Then stop paying. Only pay by check; not money order, not cash, not Walmart to Walmart.

1 Answer | Asked in Divorce for Louisiana on
Q: After the 180 day’s have pasted do I still have to pay. Even though I have paid six months of spousal support. Aft
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Apr 21, 2020

Interim spousal support lasts from the date it is requested up until 180 days after the divorce is granted.

2 Answers | Asked in Divorce for Louisiana on
Q: After 180 day’s of internal spousal support have been paused. Do I still have to pay while waiting on the judge
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Apr 21, 2020

Have no idea what "internal spousal support" means. Call a divorce attorney.

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1 Answer | Asked in Divorce for Louisiana on
Q: I am legally separated, filed separate returns, I claimed our child. Is my wife entitled to 1/2 of dependent stimulus?

We filed separately and I claimed our child. Is she entitled to half of the dependent portion of the Covid-19 stimulus?

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Apr 18, 2020

Louisiana has not.had legal separation since 1991. Have either of you been awarded custody in a pending divorce?

2 Answers | Asked in Criminal Law, Divorce and Employment Discrimination for Louisiana on
Q: I have questions about the possible suing of my exhusband/boss for the things he did to me.
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Apr 7, 2020

You need to provide more details or call a client.

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1 Answer | Asked in Divorce for Louisiana on
Q: My husband signed an act of donation on our home before we married, if we divorce does he automatically owe me 85,000?

His name was the only one on the mortgage before we married. He signed the act of donation about 7 months after we purchased it

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

Nothing is automatic. But if you divorce, you are co-owners. Hire a divorce attorney if this comes up.

1 Answer | Asked in Divorce for Louisiana on
Q: My ex has delayed, lessen payment, not paid at the time of the court order spousal payments. I warned him and he

Continues to ignore the warnings. The payment for this month has still not been paid. The due date is the 1st of every month. He claims I owed payment for counseling sessions that our children had and decided to take it from my spousal payment.

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

You need to discuss this with a child support lawyer to find out if the right hoops were jumped through for counseling to be deductable.

1 Answer | Asked in Divorce for Louisiana on
Q: Can my ex husband take me back to court over this land and house?

Divorced for 3years. The mobile home was acquired but in my name as well as he signed over his rights to the land to me so we could do a land home deal. I've been keeping the home and land up as well as paying the mortgage every month

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Mar 25, 2020

Even if the mobile home was acquired in your name, if it was acquired during the marriage, then it was community property. You own it, since you are on the title, but he may have a reimbursement claim for 1/2 of the value.

If he donated his rights in the land to you, good, you own that....
Read more »

1 Answer | Asked in Divorce and Social Security for Louisiana on
Q: My husband made a baby while being incarcerated is that right
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Mar 22, 2020

There's gotta be some pretty unusual circumstances. Someone needs to call a paternity lawyer.

1 Answer | Asked in Real Estate Law, Bankruptcy and Divorce for Louisiana on
Q: Property Settlement

Divorced for about 3 years, settlement not included with divorce, house acquired during marriage. I have been solely paying for the house and all related upkeep. How can I get the ex off the title? He already said he won't sign a quit claim. I don't have the money to sue him over this and... Read more »

Timothy Denison
Timothy Denison answered on Mar 18, 2020

Go back into the divorce case and ask the judge to remove him. The real question is why the settlement was not included in the divorce bc that is where all these type issues are handled.

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