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Louisiana Divorce Questions & Answers
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.

1 Answer | Asked in Child Support and Divorce for Louisiana on
Q: Does child support arrears originate from the day of divorce or the day filed with the state? Divorced 14 years ago.

Found out I wasn’t paying the correct amount 14 years later and the mother filed with state, I made arrangements to make the correct payments going forward to the state. Can a lawyer negotiate a reduced lump sum payment on my behalf for the arrears and hold my ex in contempt for violating the tax... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Sep 26, 2019

Whether the state or a private lawyer represents the recipient, the arrears are only available back to the date child support was originally requested and then no more than 10 years.

1 Answer | Asked in Divorce and Family Law for Louisiana on
Q: Married 10 years and have kids, my husband constantly threatens to divorce me and keep the house.

We were married for 9 years when we bought the house. The house/loan is in his name. Can he “kick” me out and keep the house?

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Sep 25, 2019

No the house is community property. You need a divorce attorney.

1 Answer | Asked in Divorce for Louisiana on
Q: I am in the process of filing my divorce in Louisiana. We have no assets or children. I was told I am missing a P&D.

Where can I find this document? Or what is it?

Douglas Lee Bryan
Douglas Lee Bryan answered on Sep 22, 2019

I'm assuming what you're talking about is a "PD" or a preliminary default. Once the defendant's delays for filing an answer or other responsive pleadings have passed, you have to file a preliminary default before confirming the default and taking a judgment.

1 Answer | Asked in Divorce for Louisiana on
Q: i want to divorce my husband who resides out of usa

we had a civil wedding out of the usa, but have been living separately for 16 months now. We have a child together. My husband is not willing to give me the address to send him the divorce papers, though I can get his parent's address. How should I proceed? I am not claiming any property we got... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Sep 19, 2019

Hire a divorce attorney who can have a curator appointed to represent your husband.

1 Answer | Asked in Divorce for Louisiana on
Q: Divorce paper ordered child support until 18, do I need to get another court document to end support, child is 18 today
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Sep 18, 2019

It goes until youngest child is 18, or graduates from high school, whichever comes last, but not later than 19th birthday. Then it should end if you are paying by check or money order to the state or other parent. If it is by garnishment, you will need a child support lawyer.

1 Answer | Asked in Divorce for Louisiana on
Q: Can I kick my husband our of our home? He is sexually abusive and refuses to let me divorce him but I never reported him

We have a 6 year old son and the home was purchased inside of the marriage.

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

Document the abuse. Then hire a divorce attorney to kick him out.

1 Answer | Asked in Divorce for Louisiana on
Q: my exhusband remarried and recently passed away. He left my name on his benefits to me. Am i still eligible?

we were married dec. 19/1994. divorced 12/19/02 or 03 but remained together until he remarried. do i need a lawyer.

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

If you are named as his beneficiary, you can collect his benefits. Your divorce is irrelevant. You should not need a lawyer.

1 Answer | Asked in Small Claims, Divorce, Family Law and Domestic Violence for Louisiana on
Q: Breech of protection order by sale of personal effects / community property. What can be done about this issue?

I had a protection order placed on me. During the po and divorce time frame my now ex-wife sold my tools, tool box, air compressor, golf cart, boat and my father's boat. All these items value is close to 12000 US Dollars. Can I press charges on her since I could not while she had po in place? What... Read more »

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

Protective Order on you did not prohibit her from selling your property. But a TRO against alienation against her in divorce would have. Call your divorce lawyer to file contempt.

1 Answer | Asked in Child Custody, Divorce and Family Law for Louisiana on
Q: When is custodial parent negligent?

Ex wife has custody. I have supervised visits. No other family or friends available to assist me with visits. Leaves my ex-wife to supervise or be present, and she is not willing. Therefore I have not been able to visit with my children as per judges ruling. Sept 1 she allowed me to visit her home... Read more »

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

You are probably eligible to hire license mental health professional or law enforcement to supervise your visitation. Ask your custody attorney.

1 Answer | Asked in Divorce and Family Law for Louisiana on
Q: After filing for divorce the ex has moved and I have no address for the papers to be served. What can I do about that??
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Sep 12, 2019

Your attorney can file a Motion to Appoint a Private Process Server

2 Answers | Asked in Child Custody, Divorce and Family Law for Louisiana on
Q: My x and I have a custody trial set. She lost the divorce she is af. So before the trial she ran 2 counties over and

Filed a restraining order. The original order has already restrained her until trial.

She is denying me custody. We have a 7/7 joint custody. Nearly everything she listed is on the interrogations from the original trial and my facts stuck and hers were tossed and she lost. Now we have... Read more »

Douglas Lee Bryan
Douglas Lee Bryan answered on Sep 10, 2019

You need to discuss these issues with your custody lawyer. Also, this panel is for Louisiana, not MS.

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1 Answer | Asked in Divorce and Child Custody for Louisiana on
Q: Is my fiancée allowed to babysit my children?

My ex husband and I have joint custody but I am domicile. Last year I got engaged and my ex husband, out of jealousy, states he forbids my fiancée to babysit our 2 daughters when I have to work and my fiancée doesn’t. Is it illegal for my fiancée to babysit them? He will be their stepfather... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Sep 10, 2019

You can choose any babysitter you like. If they have a criminal background, this would jeopardize your custody.

1 Answer | Asked in Divorce for Louisiana on
Q: Can a so to be X-husband take items from the home before divorcing?

I put a restraining order on him went to court the judge specifically said he could come to the house with a constable and collect his personal items

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

You already asked this.

1 Answer | Asked in Divorce, Animal / Dog Law, Domestic Violence and Federal Crimes for Louisiana on
Q: I’ve been trying to find out what is the law for can your spouse take Community property before you divorce?

Had a restraining order on my spouse went to court judge okayed him to take personal items and came with a constable and two police officers they detained me away from my house so he can collect a list of items Tools furniture etc. tools furniture etc. that the constable allowed him to take

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

If you were given exclusive use of the house or a protective order, yes he can be granted access with a deputy to remove his personal effects, clothes, separate property or items needed for work, pending divorce and partition.

2 Answers | Asked in Divorce for Louisiana on
Q: is an affidavit of reconciliation required to be reconciled in louisiana
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Sep 2, 2019

This website is not a substitute for an attorney consultation. There is no black and white on reconciliation; it is a matter of persuasive evidence.

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1 Answer | Asked in Divorce for Louisiana on
Q: How can I prove my husband moved back in with me, reconciling, if the rental, all bills are in my name only?

We reconciled. Been living together over a year since I filed for divorce. But the house & all bills are in my name & he still receives mail at his cousins address. I am still on his company health insurance, he has paid me $ by check into my bank account every month for our bills, I have pictures... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Sep 1, 2019

Have your attorney dismiss your Petition for Divorce and prepare an Affidavit of Reconciliation for you Record a phone call between the two of you asking him to pick up milk on his way home and asking him to start a load of laundry and feed the dog. Have a private investigator document his... Read more »

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