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Louisiana Divorce Questions & Answers
1 Answer | Asked in Divorce and Domestic Violence for Louisiana on
Q: I’m in Louisiana, my husband bought a home before we were married, however, we’ve been married for 11 years.

Who leaves after a domestic argument and do I have any right to the home?

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jun 27, 2022

Based on your post, you do not have any right to ownership of the home, however if community funds were you for the upkeep and payment (perhaps mortgage) of the house, then you ight be entitled to some reimbursement. Also, you might have an argument for staying in the house until you are divorced,... Read more »

1 Answer | Asked in Child Custody and Divorce for Louisiana on
Q: What if one parents is on deployment and wants the grandparents to have custody and the other parent doesn't

Mother doesn't want this to happen

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jun 13, 2022

Do you have a written custody order? What does it say as to this situation or comparable situations? More specific information is needed to properly respond to this and if you do not already have an attorney, then I would recommend that you contact a few custody attorneys in your area to discuss... Read more »

2 Answers | Asked in Divorce for Louisiana on
Q: I got married in 2016 not sure we stayed around each a month and haven't been together since. Can or am I divorced
Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on May 19, 2022

You can get divorced because you are not now.

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1 Answer | Asked in Divorce and Family Law for Louisiana on
Q: husband (now legal ex) left as a result of being called out on drug use and still has not collected his personal stuff

I am going to be moving, hopefully in the next 30 days or so, and his things are still here after continued attempts to have him collect – I have multiple messages that are ignored, some that are saying he will come soon, some saying he doesn’t want any of it. I mentioned to him that at some... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on May 6, 2022

Put all of his belongings in a storage unit in his name. Pay for one month of storage. Mail him the key and storage contract by certified mail and keep a copy. This should protect you from damages for wasting his property.

2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Louisiana on
Q: How do I go about filing contempt of court against my ex wife?
Jacob Rennick
Jacob Rennick
answered on Apr 29, 2022

You should speak with an experienced Family Law attorney. You have to file a rule for contempt—this is typically done in the jurisdiction in which your original pleadings were filed. It’s pertinent to note that in order to prove contempt, there must be a willful violation of an existing court... Read more »

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1 Answer | Asked in Divorce and Libel & Slander for Louisiana on
Q: Is the hearsay objection valid if the attorney is the one asking the question?

Also would this be beneficial in some cases?

Randy Bryan Ligh
Randy Bryan Ligh
answered on Apr 27, 2022

At a minimum, context is missing here but I am not sure if I understand your question. That said, unless one is not represented, or the Judge decides to ask a question, the attorney is the one who does ask the question. If the question calls for hearsay, then it is objectionable. If the witness... Read more »

2 Answers | Asked in Divorce for Louisiana on
Q: After a now finalized uncontested divorce my ex wants me to sign a agreement to pay half her credit card debt.ideas?

Nothing was discussed or agreed upon regarding her credit card debt or mine. We had separate credit cards with no joint accounts.

Randy Bryan Ligh
Randy Bryan Ligh
answered on Apr 16, 2022

First, I do not think it is a good idea to handle your community property piecemeal and second, I would recommend that you hire an attorney---or at least consult with a community property attorney-----to see what needs to be done to split up your community as well as answer your questions as to... Read more »

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2 Answers | Asked in Divorce and Family Law for Louisiana on
Q: What are the rules for claiming children on taxes?

Ex is claiming that since she is working now that she should be able to claim one of our children for tax purposes. Current child support has my income at 95% and hers at 5%. I pay child support on income that I don’t even make anymore. Court documents state that I get to claim both of our... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Apr 2, 2022

If Judgment says you get to claim them, then you get to claim them. If she hires a lawyer to fe for the dependency exemption, then your lawyer can file for a reduction.

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1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Louisiana on
Q: I have a child that was born out of wedlock and I was wanting them to get a divorce for the sake of the child?

My daughter's father and I have a 1 month old. When he met me and started dating me, he was married currently, but I was single. I found out I was pregnant after my 21st f. He stayed by my side until I was eight months pregnant when he left. His wife has been telling him that this is not his... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Mar 27, 2022

All the Diatrixt Attorney's Office and ask for Support Enforcement to get them.to file for a DNA test.

1 Answer | Asked in Child Support and Divorce for Louisiana on
Q: Can you be on child support taking off and put back on in Louisiana

I was on child support my child’s mother took me off after we got married I filed for divorce now she is trying to put me back on

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Mar 24, 2022

Yes she can put you back on. Hire a divorce lawyer.

1 Answer | Asked in Divorce, Employment Law and Family Law for Louisiana on
Q: An officer is cheating on his wife, during work hours as well. With proof are those grounds for termination?

Will that grant alimony for his wife?

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Mar 13, 2022

A private investigator's..report of adultery may result in alimony if wife 's income is low.

Cop cheating with another cop will not result in termination...but if done during work hours, might.

1 Answer | Asked in Divorce and Child Custody for Louisiana on
Q: How do I remove a preliminary injunction?

My wife filed for a temporary restraining order which was addressed on March 8th. The order of the Court was a preliminary injunction. How do I dissolute or modify this preliminary injunction

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Mar 12, 2022

If it was heard by a hearing officer then you have a deadline to file an objection to be heard by a judge. If it was heard by a judge, then yiu have a deadline to file an appeal. Hire a lawyer quickly.

2 Answers | Asked in Divorce for Louisiana on
Q: In Louisiana can you have a property settlement agreement signed prior to filing for divorce if your living separate?
Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Mar 10, 2022

No, it will not stand up. You can have a Post-Nuptial Agreement if you are still married or a Partition Consent Judgment if your divorce is final.

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2 Answers | Asked in Bankruptcy and Divorce for Louisiana on
Q: In bankruptcy (federal taxes, home & credit cards) with spouse. I’m wanting to separate/divorce. What are my options?

What are drawbacks of separating/divorce?

Timothy Denison
Timothy Denison
answered on Feb 27, 2022

None. Finish the bankruptcy, then file for divorce.

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1 Answer | Asked in Child Custody, Divorce and Family Law for Louisiana on
Q: Im 17 living in louisiana w/ divorced parents. My father is trying to force me to stay with him. can he force me?

He wants me to stay with him bc he wants my grades to be better in my online school. he’s threatening to make me live with him so he can constantly watch me do my work. i’m not failing all of my classes so idk why he’s freaking out. but he’s my domicile parent so i’m worried he can force... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Feb 23, 2022

At 18 you are an adult and can choose where to live. Until then, you cant.

2 Answers | Asked in Divorce and Civil Rights for Louisiana on
Q: Can my ex-wife's divorce attorney compel me to share all my bank statements since the divorce?

divorced 2 years ago, community property is not settled yet because my ex refuses to settle. we have no minor children.

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Feb 21, 2022

Maybe yes, maybe no. Depends on the purpose; whether it is for rental income from community property, dividends from community property, etc. Have you discussed this with your lawyer?

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2 Answers | Asked in Divorce for Louisiana on
Q: I was having a spine fusion on November the 2 nd and my wife took my kids and moved out now I’m having to buy her out

We’ve lived in separate rooms over 8 years went meet with my attorney and hers now they have me paying her $65,000 for a house she abandoned when I was at my lowest my mom who’s in her 70s had to help me through the healing process and November 9th my wife put a restraining order on me which... Read more »

Randy Bryan Ligh
Randy Bryan Ligh
answered on Feb 18, 2022

Your post indicates that you have an attorney----please set up a meeting with your attorney to discuss the concerns contained in your post---your attorney is more aware of your case and situation than anyone who is reading this post for the first time---plus, you are paying him, so get his advice... Read more »

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1 Answer | Asked in Adoption, Divorce and Family Law for Louisiana on
Q: Can a married couple still adopt together if they file divorce during adoption proceedings?

My husband and I are currently in the process of adopting, which has caused a lot of strain on our marriage. We are considering divorce, and both very much love this child and still want to adopt and have shared custody. How would it affect our adoption proceedings if we were to file divorce before... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Feb 17, 2022

Don't divorce until the adoption is final.

1 Answer | Asked in Divorce and Family Law for Louisiana on
Q: If your spouse has left and abandon his family and home, what rights do I have if we will eventually file for a divorce?
Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Feb 15, 2022

Before you or he files, you need to do several things:

1) if he makes more than you do, you need to get your hands on as many assets as you can which means emptying bank accounts and applying for credit cards while you can still claim combined family income,

2) if he makes more than...
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1 Answer | Asked in Divorce, Real Estate Law and Family Law for Louisiana on
Q: I have a commuting property with my ex wife going on three years now. She was awarded the home as I had a TRO she filed.

She has since given it to squatters and taken it off the market. We were supposed to have an escrow account made for when it sold. Because of my TRO I have not been there and the realtor says it’s in such bad shape all the time she can’t even show it. How can I prove she abandoned the home and... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Jan 31, 2022

Get the realtor to write a letter that she can't show it and get a friend to drive by and take pictures.

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