Lawyers, Answer Questions  & Get Points Log In
Louisiana Divorce Questions & Answers
1 Answer | Asked in Divorce and Family Law for Louisiana on
Q: Married 2009 and have 2 kids together. Purchased new mobile home last year; can he evict the kids and I? He never lived

He never moved with us after I found out he was cheating. We have bond for deed property and making monthly payments. It's considered his separate property bc I didn't think anything when I signed off on it and I knew my credit would be no where on the mobile home when purchased so I... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Feb 9, 2021

It is still community property unless you signed a Declaration that it is not. You can get use of community property, but not separate property.

1 Answer | Asked in Divorce for Louisiana on
Q: Can i ask for the house and contents in house during divorce even if my name is not on it

Because of infordelelity and other findings

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Feb 7, 2021

If the house was purchased by your spouse before you were married, then its not yours to get. However you can get reimbursed for 1/2 the house payments while you were married.

You can ask for 1/2 of any contents purchased during the marriage.

There may be other property to which...
Read more »

1 Answer | Asked in Divorce for Louisiana on
Q: In divorce, is a child between us with an established legal custody and support order from before “of the marriage”?
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jan 31, 2021

I think you are trying to say you had a child before you were married and had an established custody and support order. Later you got married and are now getting divorced. Are you asking if the custody and support order from before the marriage goes back into effect? The answer is no. Your... Read more »

1 Answer | Asked in Divorce for Louisiana on
Q: My husband owned land prior to marriage, sold it and bought land in both our names. Do I come into 1/2 upon a divorce?
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jan 28, 2021

If NO additional funds were needed to buy the second piece of land, then yes you own half, but he has a reimbursement claim for 100% of your half. IF additional funds WERE needed, then you own half, and his reimbursement claim is limited to 1/2 of what he contributed from the sale of his previous... Read more »

1 Answer | Asked in Divorce for Louisiana on
Q: We have no minor kids, in our divorce could wife be awarded use of home. she not worked in 25 years
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jan 25, 2021

She can be awarded use of the home pending partition of community property.

1 Answer | Asked in Divorce for Louisiana on
Q: On court fines stated for civil on fta do the court arrest . do you need a lawyer ?

Also i believe they may a criminal warrant from other area do i need a lawyer ?

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jan 25, 2021

Yes you need a crininal attorney to recall the attachments so that you don't end up in jail when you get a speeding ticket.

1 Answer | Asked in Divorce for Louisiana on
Q: Is it possible for the judge to make visitation mandatory for my kids dad and require him to spend time with them?

My husband works off and has not spent a holiday with our kids in 5 years. He sees them maybe 30 minutes every 3 or 4 months. 5 years ago he came in and said he was filing for a divorce but never did and we have been living separately every since. He is now filing divorce. Is it possible for the... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jan 18, 2021

Can make support mandatory but not visitation.

1 Answer | Asked in Child Custody, Child Support and Divorce for Louisiana on
Q: How long will a divorce last? I have printed the form at East Baton Rouge court website. Any tips?
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jan 15, 2021

May be 180 or 365 days. Contact lawyer

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Louisiana on
Q: If my ex wife's case was abandoned under the c.c.p. art. 3954 is the entire case dismissed?

My ex wife filed for divorce in 2018 but was denied because she filed the wrong divorce, however I was ordered to pay child support and spousal support. At the time I didn't know the divorce was denied because I was ordered to pay the judgement.

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jan 15, 2021

Consult with a divorce attorney because you don't give enough information.

3 Answers | Asked in Child Custody, Child Support and Divorce for Louisiana on
Q: I need to know the divorce process in Louisiana.

My spouse was caught cheating, though we gave it another shot. He is showing signs of cheating again, and will not allow me access to his phone any further. Would the court be able to pull his phone record so I can have a fault divorce. I believe it will speed up the process.

Mr. James Zitzmann
Mr. James Zitzmann answered on Jan 14, 2021

Having a adultery, fault based divorce actually will slow down the process significantly. And it is much more difficult than a no fault divorce. You should probably pursue a no fault divorce; you can receive all of the relief you need through the regular process as well.

View More Answers

1 Answer | Asked in Child Custody, Child Support and Divorce for Louisiana on
Q: IFP PAPERS IN CHILD CUSTODY SUIT

I filed for child custody and child support along with IFP papers and was approved. After that Initial filing I had to retain an attorney and he then filed a divorce suit and a motion to consolidate the two. However he’s also charged me with the filing fees throughout the process snd I’m not... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jan 12, 2021

Clerk will not issue a refund. But if you gave your lawyer a COPY, he should eat the filing fees.

2 Answers | Asked in Divorce for Louisiana on
Q: My husband divorced me while I was incarcerated, we have not done a property settlement yet but he is selling assets

is this legal?

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jan 8, 2021

You need to hire an attorney to file for Partition of Community Property and a Restraining Order against alienation.

View More Answers

1 Answer | Asked in Divorce, Family Law and Real Estate Law for Louisiana on
Q: Do I need to get an attorney to get my name off house I have with my ex husband? He refuses to refinance in his name.
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Dec 25, 2020

Yes, you need a community property lawyer.

1 Answer | Asked in Divorce for Louisiana on
Q: Going through a divorce and I pawned some jewelry. My wife took my Pawn receipt and picked the jewelry up. What now?

She stole the ticket from my truck. We are separated and not living together

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Dec 22, 2020

Whose jewelry was it? This will determine the answer on whether it was community or separate property, and hence whether the pawn ticket was community or separate property.

2 Answers | Asked in Divorce for Louisiana on
Q: While sep from my wife she had two other children from different fathers. Why are they listed as mine on paperwork?
Douglas Lee Bryan
Douglas Lee Bryan answered on Dec 10, 2020

If she gave birth to the children while married to you, you are presumed by law to be the father. If this is the case, you should consult with an attorney to discuss how to disavow paternity of the children. Otherwise, you could be legally responsible for paying child support for them.

View More Answers

1 Answer | Asked in Divorce and Real Estate Law for Louisiana on
Q: AM I entitled to profits from my husband company he started with money from a settlement he received after we married?

My husband received money while we were married from a personal injury lawsuit he had before we were married. He started a trucking company and titled everything under his name. I was told that since he started the company using personal injury money I was not entitled to anything because he used... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Dec 2, 2020

Personal injury pain and suffering and lost wages money from an accident before you were married is his separate property, and anything he buys with it is his separate property. Hire a community property lawyer immediately.

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Louisiana on
Q: How do arrears from previous relationship's child affect our current divorce and custody battle of our child?

My husband is $10K behind on his son from a previous relationship. I am looking to see how this will affect the out come of how much custody he receives of our son we have together and the current divorce.

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Nov 20, 2020

Unfortunately, your child suppoet is in line behind his previous child support order. But it does not affect custody of yiur child.

1 Answer | Asked in Divorce for Louisiana on
Q: Can I file for a divorce for my boyfriend of 3 years while he is incarcerated. He got married while in prison previous

They never lived together she cheated while he was in prison. Nd refused to sign papers when served before .

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Nov 19, 2020

You can hire an attorney to draft it for him. Mail it to him to sign in jail. Then his lawyer can file it.

1 Answer | Asked in Divorce and Family Law for Louisiana on
Q: Still married husband files whistleblower lawsuit get divorced and he gets huge settlement from said suit I got nothing

We live in Louisiana and we’re married 17 years and had 4 children which are now grown. Suit was filed in 2009 we split that year and were divorced in 2012 suit was settled in 2015. I didn’t even know to go to court for the divorce because he lied to judge saying he didn’t know where I was.... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Nov 7, 2020

Hire a community property lawyer quickly.

1 Answer | Asked in Child Custody, Divorce and Family Law for Louisiana on
Q: Mother tried to kill herself and her sister got emergency custody without the dad consent and he wants to get visitation

He wants visitation rights and a divorce

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Oct 31, 2020

He needs to hire a divorce attorney to get divorce and custody.

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.