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Louisiana Divorce Questions & Answers
1 Answer | Asked in Divorce for Louisiana on
Q: What does pending rule for periodic spousal support mean?
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Dec 9, 2019

It means someone is asking for a hearing on periodic spousal.support.

1 Answer | Asked in Divorce for Louisiana on
Q: When is interim spousal support determined? How long does it last?

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Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Dec 8, 2019

Ex's lawyer is right IF they have a pending rule for periodic spousal support.

1 Answer | Asked in Arbitration / Mediation Law, Child Support, Divorce and Family Law for Louisiana on
Q: My husband and I have a covenant marriage. He abandoned me and our three kids in September. I would like to divorce.

There is evidence of adultery. Can an immediate divorce be granted being we have a covenant marriage? What steps can I take right now to ensure my kids and I are ok? He left me with a ton of financial debt and refused often to pay the arrangements we set.

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Dec 7, 2019

You can hire a divorce attorney to file immediately.

2 Answers | Asked in Divorce for Louisiana on
Q: is our home community property or separate?

divorce petition filed Feb. 22, 2018. Separation of Property Judgment as a "part" of original filing. We reconciled September 2018, resuming living together in a rental home. Husband purchased a home as his separate property, without my knowledge or consent October 2019, he then moved me into the... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Dec 4, 2019

If you were never divorced, the home is community.

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1 Answer | Asked in Divorce for Louisiana on
Q: Does inherited land/acreage become community property in a divorce if that inherited property became part of a mortgage
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Dec 1, 2019

No the mortgage may be a community debt but the land only becomes community property if there is a donation.

1 Answer | Asked in Divorce for Louisiana on
Q: can i be kicked out of my marital home, just aquired in my husbands name?

i filed divorce feb 2018, but we reconciled in september 2018. my husband has a paper showing separate property from when i filed. can he use it to throw me out

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Nov 29, 2019

You need to show the Petition for divorce and the "paper" regarding the property to a divorce attorney.

1 Answer | Asked in Divorce for Louisiana on
Q: Is there a statute of limitations on filing a partition for community service after the divorce is granted?

My father died recently and my mother is trying to claim half of everything and she never filed a partition and it's been over 30 years. Also a permanent injunction was ordered immediately without bond against my mother from disposing any assets of the community of acquets that existed.

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Nov 17, 2019

Partition of community property does not prescribe. However she is barred by Erisa from getting half of retirements and pensions after his death. You need a succession attorney immediately.

1 Answer | Asked in Divorce for Louisiana on
Q: DO SPOUSE HAVE TO SHOW UP FOR DIVORCE COURT IF CONTESTED AND IF SO HOW DO I GO ABOUT LETTING SPOUSE KNOW COURT DATE?

WE HAVE BEEN THROUGH PARTENTING CLASS AND HE WANTS SHARED CUSTODY INSTEAD OF JOINT. WE HAVE NO PROPERTY OR ANYTHING TOGETHER EXPECT KIDS.

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Nov 13, 2019

If contested both must appear. The Sheriff should issue service.

1 Answer | Asked in Divorce for Louisiana on
Q: Did mental abuse fall under the same categories as physical abuse as far as domestic violence goes. Would texts msgs

Would text messages or emails prove this in a court as far as divorce goes.

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Nov 12, 2019

Domestic abuse means physical abuse or threats of physical abuse.

1 Answer | Asked in Divorce for Louisiana on
Q: I filled for divorce in Louisiana. The court date was Oct.1,2019. She didn't show for court.

My attorney was notified she had been served but in court the judge said she hadn't been. My attorney advised me it would be cheaper and quicker to find a attorney in baton rouge considering he practices in Pike county MS where I currently reside, I was married in LA. He give me copies of... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Nov 7, 2019

Wht would you hire a MS lawyer for a LA divorce? Unless he is licensed in both states he can't even practice in LA.

3 Answers | Asked in Divorce for Louisiana on
Q: How do I get my wife to sign the divorce papers. We not been together for twenty years and she refuses to sign
Mr. James Zitzmann
Mr. James Zitzmann answered on Oct 30, 2019

There's no way to make her sign a waiver. Just have her served normally.

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1 Answer | Asked in Divorce for Louisiana on
Q: My hearing date for spousal support was March 2018. Divorce in may 2019 does the new law article 113
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Oct 27, 2019

Can't tell what your question is. Please consult with an attorney.

1 Answer | Asked in Divorce for Louisiana on
Q: purchased a home before marriage using VA loan. Is it considered communal property? Will it have to be split in divorce?

married 2 years, 1 child

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Oct 23, 2019

If purchased before marriage, it is your separate property. However without a prenuptial agreement, your spouse has a reimbursement claim for 1/2 of mortgage payments and improvements paid during the marriage.

1 Answer | Asked in Divorce for Louisiana on
Q: I filled for a divorce on the 10th both parties agreed. Judgement denied on the 15th And recurved today on code 1703 e

What does this mean because I paid up front to avoid any confusion and what should be done next ? I have not been contacted in between time and me and him have not been together since December 27th 2018. We have no children together.

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Oct 23, 2019

You haven't been separated long enough with children. The next thing you need to do is hire a divorce attorney to file your divorce correctly.

1 Answer | Asked in Divorce, Family Law and Child Support for Louisiana on
Q: Is it possible to convert a transcript into a judgment?

I filed for divorce 10 years ago and received a temporary order recommendation which my now ex husband protested. We went to court and the judge ordered him to pay a lesser amount in court. The judgment, however, was never signed. My ex husband stonewalled me at every turn and I finally was granted... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Oct 16, 2019

Hire a private child support lawyer and give them the transcript.

1 Answer | Asked in Divorce for Louisiana on
Q: Hi Will my divorce in foreign country be recognized in louisiana if I was neither me or my ex was domiciled there?
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Oct 16, 2019

How would you get a divorce in a country in which neither of you lived?

1 Answer | Asked in Criminal Law and Divorce for Louisiana on
Q: If your wife takes your debit card, which she isn't authorize to use. Can you press charges?

She had me arrested and when I was in jail, she took my debit card and spent 400 dollars.

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Oct 9, 2019

Your assets are community property until one of you files for divorce.

1 Answer | Asked in Child Custody and Divorce for Louisiana on
Q: My husband been cheating on me since we got together 17 years ago with my sister can I get custody of the kids?
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Oct 3, 2019

Yes, hire a divorce attorney. Don't confront either of them. Put together as much evidence as possible.

1 Answer | Asked in Divorce for Louisiana on
Q: Did not sign waiver for uncontested divorce in LA. How can I submit an answer to what I disagree with?

I did not sign the waiver for the uncontested divorce in Louisiana because our written and signed custody agreement was not included in the petition. If I understand correctly, I will now be served the papers and I want to file an answer but I am not sure if I need to file the answer now or wait... Read more »

Douglas Lee Bryan
Douglas Lee Bryan answered on Oct 1, 2019

After you are served, take the petition to an attorney who will discuss the procedure and what steps should be taken to protect your rights.

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