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Louisiana Divorce Questions & Answers
2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Louisiana on
Q: If both parents move away from the Parish in which custody arrangements were first ordered, do they relocate the case?

I currently reside in Jefferson Parish and my ex, in St. Tammany. My child told me his dad is buying a home in Metairie or New Orleans soon, so I wonder, will St. Tammany court lose jurisdiction?

Stephen Rue
Stephen Rue answered on Jul 11, 2020

To a degree it depends on the prior judgment, who is designated the primary domiciliary patent and whether the relocation was agreed to. See a lawyer.

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1 Answer | Asked in Divorce for Louisiana on
Q: How to get ex spouse death certificate to file Life insurance claim with my employer...she passed in Louisiana 2/20/20.

We got divorce in 2005...but I still had her insured.

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jul 9, 2020

Contact the Coroners Office or Vital Records. You may need to have your marriage license, which you also get from Vital Records.

1 Answer | Asked in Divorce for Louisiana on
Q: it was 365 days since filing 102 divorce on June 1 is it true that we have to add 3 months due to COVID-19 shutdown in

Louisiana before filing for final judgement

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jul 9, 2020

No you do not have to add three months and suspension of deadlines has now ended.

1 Answer | Asked in Divorce and Family Law for Louisiana on
Q: My attorney said I can’t be present for my spousal support hearing and I don’t know why. Can I be denied that right?

...

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jul 9, 2020

In 27 years I have never heard of that. Is there a protective order?

1 Answer | Asked in Divorce for Louisiana on
Q: I have filed a preliminary default with the court what is the next step to have my divorce finalized?

what is the next piece of paperwork that need to be filed to the court?

Stephen Rue
Stephen Rue answered on Jun 30, 2020

Make sure you have original service, wait three days and file for Confirmed Default Judgement

1 Answer | Asked in Divorce and Social Security for Louisiana on
Q: My husband states that he will not have to pay temporary spousal support because he gets Social Security Disability

It cant be taken out by law even though he has supported me for the last 10 years...Im applying for disability. Is this true

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jun 28, 2020

It can't be garnished but he can be ordered to pay you.

1 Answer | Asked in Divorce for Louisiana on
Q: for a divorce when does the 180 days start? from the date the person filed with the clerk or the date the judge sees the

divorce was filed march 2020. Judge hearing July 16th. When will interim spouse support end?

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jun 12, 2020

Divorce can be finalized 180 days from date of service or waiver of service for a 102 or from date of separation for 103. Interim sppusal support ends 180 days after divorce is final.

1 Answer | Asked in Divorce for Louisiana on
Q: Been not living together since November 2019. Can I date ? Not divorced yet as we have kids .
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jun 10, 2020

You can file before you even separate. After filing THEN you can date. Hire a divorce lawyer then...

1 Answer | Asked in Divorce for Louisiana on
Q: We live in louisiana. My wife and I are separating

We live in louisiana. My wife and I are separating only thing she wants is the car but its in my name. How will that work

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jun 10, 2020

You can donate your interest in the car to her AND sign the back of the title.

2 Answers | 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.

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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.

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