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 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 Family Law for Louisiana on
Q: My soon to be ex-husband and I signed a paper and get it notarized that he will pay off a loan and he quit paying on it.

What can I do about it?

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 10, 2023

If you decide to file a lawsuit, you will need to prove that the agreement is valid and that your ex-husband has breached the agreement. You can do this by providing the court with a copy of the agreement and any other relevant evidence, such as emails or text messages that show that he agreed to... View More

1 Answer | Asked in Divorce and Family Law for Louisiana on
Q: Divorce article 103 - Adultery - Louisiana

My wife committed adultery and birthed a child to another man. She never denied the adultery and a DNA test was done and the other man came back as 99.999999% certainty as father. The necessary paperwork regarding the paternity was done and sent to the State. Me and my wife do have a minor child... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Aug 8, 2023

You can---but my suggestion is that you speak to a family law attorney in your area and discuss the pro and cons of filing a 103 divorce via adultery and the potential impacts this will have on incidental matters----there may not be any impacts but at least have a consult about this because you... View More

1 Answer | Asked in Divorce and Family Law for Louisiana on
Q: My wife and I were divorced 15 years ago, but we never did the property division. She now wants to do that.

When she left, we had a mortgage with very little equity built up in the house. The house is titled in both of our names. Since the divorce I have paid the house off. I have also paid for the insurance, repairs, maintenance, and taxes. I have meticulous records of all I have paid on the house since... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jul 5, 2023

You need legal counsel to make sure your rights are protected and as such I recommend that you contact some community property lawyers in your area, set up consults and then sit down with them and specifically discuss your situation-----while the basic rule is 1/2 and 1/2, there are also... View More

1 Answer | Asked in Divorce and Family Law for Louisiana on
Q: If I sign an intervenor agreement for spouse to purchase a new home, and I still entitled to half of equity?
Randy Bryan Ligh
Randy Bryan Ligh
answered on Jun 12, 2023

It will depend on what you are signing so we would have to see and review the proposed document in order to provide you with specific advice. That said, usually when you sign an intervenor agreement as you describe, it means you are acknowledding that the home is being purchased by your spouse... View More

1 Answer | Asked in Divorce for Louisiana on
Q: Can my spouse sign an agreement that I will get the entire house and any value there-in, in the event of a separation?

We aren't sure if we are going to get divorced, but we want to make sure each other feel safe in this time of unknowns.

Randy Bryan Ligh
Randy Bryan Ligh
answered on May 31, 2023

You or both of you certainly can do that----but before doing so, I would contact a famliy law attorney or 2 and consult with them---a general consult---and learn of your rights if you do get divorced and what can or should be done. Some family law attorneys will charge you for an initial consult... View More

1 Answer | Asked in Divorce and Family Law for Louisiana on
Q: How do you get a divorce with property involved
Randy Bryan Ligh
Randy Bryan Ligh
answered on May 16, 2023

Divorce and property (marital/community) are two different things. You can get divorce without resolving your property issues at the same time. Since oyu have property, I would recommend that you contact a family/divorce attorney and have a consult---or contact a few attorneys and have a few... View More

1 Answer | Asked in Divorce and Family Law for Louisiana on
Q: Is there a lawyer that will type up the documents for a divorce if we agree on everything so I can submit them?
Randy Bryan Ligh
Randy Bryan Ligh
answered on May 5, 2023

I am unclear as to exactly what you are seeking however because there are potential incidental matters to a divorce, which could include, child custody, child support, spousal support (permanent and temporary), & community property to name a few, I would highly recommend that you contact a... View More

1 Answer | Asked in Divorce and Family Law for Louisiana on
Q: Do i need to attend personally to a court hearing or can my lawyer represent me

if i move overseas

Randy Bryan Ligh
Randy Bryan Ligh
answered on Apr 5, 2023

If you have a lawyer, then please ask this to your lawyer----your lawyer is in the best position to know and answer your question. There are different ways of obtaining a divorce depending on each person's situation and some of them would require you to be present in court; others do not.... View More

1 Answer | Asked in Divorce and Military Law for Louisiana on
Q: How can I formulate how much my ex spouse will receive of my military retirement? Filed in Louisiana.

I served for 20 years, but we were only married for the last three years of my service. I'm trying to compute what amount of my retirement he is entitled to and also if he's entitled to my disability.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 15, 2023

In Louisiana, the court uses a formula to determine the portion of military retirement pay that a former spouse may receive. The formula is known as the "Time Rule Formula" and takes into account the length of time the couple was married during the service member's military career... View More

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Louisiana on
Q: my husband has filed for a no fault divorce while he was cheating on me throughout n was involved in adultery n voilance

i have minor child i want to know what are my legal rights

Randy Bryan Ligh
Randy Bryan Ligh
answered on Feb 23, 2023

To best protect your rights, you will need to have a lawyer in the legal proceedings. As such, you should really begin meeting and consulting with a family law attorney(s) in your area so you can hire the one with whom you are most comfortable. There are many issues involved, including but not... View More

1 Answer | Asked in Child Custody, Child Support, Divorce, Family Law and Domestic Violence for Louisiana on
Q: How can I get a lawyer to takea case pro bono? Legal Services where I live says they don't have the resources

Child custody and divorce and there is domestic violence involved on my husband against me. He has a very good attorney and I can't afford one. He refuses to pay child support and I don't have a vehicle to get to a job so I'm struggling. Also, he is trying to get domestic charge... View More

Douglas Lee Bryan
Douglas Lee Bryan
answered on Feb 3, 2023

I'm sorry to hear of the problems you're having. You may be able to find assistance through this website: https://www.lsba.org/public/findlegalhelp/. I would also suggest contacting your local battered women's shelter and/or your parish's District Attorney's Office to... View More

1 Answer | Asked in Family Law and Divorce for Louisiana on
Q: In Louisiana do you have to be living in separate houses before you can file for divorce?

Divorce reason is irreconcilable differences uncontested. Children are over 18

Randy Bryan Ligh
Randy Bryan Ligh
answered on Dec 21, 2022

No---because there may be issues/incidental matters involving the breakup of the marriage you do not have to live separate and apart before filing divorce, however, the time period required for living separate and apart for an uncontested divorce (180 days of living separate and apart if all... View More

Justia Ask a Lawyer is a forum for consumers to get 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 you and Justia, or between you and any attorney who receives your information or responds to your questions, 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.