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Louisiana Divorce Questions & Answers
1 Answer | Asked in Divorce and Family Law for Louisiana on
Q: Upon retiring and no longer having an income am I required to file in court to stop spousal support?

Louisiana Civil Code 112 states...The sum awarded under this Article shall not exceed one-third of the obligor's net income. If I no longer have an income because of retirement and my Ex is aware there is no longer an income, am I required to file in court to stop spousal support or can we... Read more »

Randy Bryan Ligh
Randy Bryan Ligh
answered on Sep 12, 2022

Inferring from your post, I assume you are talking about permanent spousal support? Regardless of whether it's permanent or temporary, I suspect that there is an Order in placing which details this obligation. That said, I highly recommend that you consult with a family law attorney to... Read more »

1 Answer | Asked in Divorce for Louisiana on
Q: I have a permanent restraining protective order against my husband and we have been separated for almost 2 years.

I do not know where he is living and can’t get anyone to tell me. How do I get a divorce? I live in Louisiana

Mr. James Zitzmann
Mr. James Zitzmann
answered on Aug 24, 2022

You can ask in your divorce petition to have a curator appointed to search for him since he is an absent defendant.

1 Answer | Asked in Divorce for Louisiana on
Q: Can a judge grant a divorce if the paperwork is typed with incorrect information on the marriage in state of louisiana
Randy Bryan Ligh
Randy Bryan Ligh
answered on Aug 23, 2022

Not enough information is provided in your post for one to really provide you a quality response. It depends on what is the incorrect information and whether it is a typo or something which is intended to be misleading or something which is wrong. Also, depending on the incorrect information, one... Read more »

3 Answers | Asked in Divorce, Foreclosure and Bankruptcy for Louisiana on
Q: My home is in foreclosure and up for sheriff sale soon. My ex and I recently divorced with no property settlement and

He lives in the home. We are both listed on the deed to the home but I am on the mortgage alone. If he files chapter 13 bankruptcy and includes the home, would this stop the upcoming sale and foreclosure? If Ch. 13 temporarily stops the sale, what are the steps he should then take to keep the... Read more »

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Aug 19, 2022

When a Ch. 13 case is filed, there is both an immediate automatic stay prohibiting creditors to proceed against the debtor and/or his assets, and importantly, there is also an automatic "co-debtor stay" to prohibit creditor actions against other non-bankrupts who are jointly liable with... Read more »

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1 Answer | Asked in Divorce for Louisiana on
Q: Do you have to file for a divorce in the same parish you were married in and lived together in?
Randy Bryan Ligh
Randy Bryan Ligh
answered on Aug 17, 2022

No you do not----you can file in parish where either party is domiciled, or the parish where the spouses last lived together as husband and wife (last matrimonial domicile.

1 Answer | Asked in Divorce for Louisiana on
Q: I need to start the process of a divorce, who do I speak to?

We have been separated for two years and I would like to start the divorce process.

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jul 29, 2022

Use the Justia Find a Lawyer tab and search for divorce lawyers in your area----I would recommend that you contact and speak to at least 2 of them about the process, what to expect, and incidental matters (if any) and then select the lawyer with whom you are most comfortable. Good luck.

1 Answer | Asked in Divorce for Louisiana on
Q: I am officially divorced. The papers are filed with the courts. I have an attorney. No property settlement after 1 yr.

No one has told me what spouse wants. I might agree. We only own one small house. I just want to have the judge decide at this point but nothing happens. What can be done? I am not from Lousianna and I have never heard of finalizing a divorce first, befor property settlement. I got a appraisal on... Read more »

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jul 19, 2022

Speak to your attorney about your concerns. Your attorneys know the specifics of your matter better than anyone on this Board does.

1 Answer | Asked in Divorce for Louisiana on
Q: Divorced and remarried in Louisiana. Received my mortgaged home on first settlement divorce. Remarried and second husban

Refinanced home but did not put second husband on deed.. Husband helped with house payments but also filed insolvent one year on income taxes to avoid paying student loans back for his son prior to our marriage. Does this insolvent make me sole owner of my home. He now wants a divorce and says... Read more »

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jul 8, 2022

You really need to consult with a family law attorney to discuss the specifics of this. It's potentially straightforward but it's a detailed process to determine the answers to all of your questions. Good luck.

1 Answer | Asked in Child Custody, Divorce and Family Law for Louisiana on
Q: Mom in need of free or low cost legal help pertaining to unsettled matters long after divorce was finalized.

Asking for a friend. Divorced mom is unable to claim her children on her taxes or receive any type of child tax credit, although the children reside with her full time. The children’s dad has shown very little interest in the lives of his children since the divorce. He also refuses to settle any... Read more »

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jul 6, 2022

Call/contact the local and state bar association and see if they have contact information for lawyers in your area with whom she might be able to consult on a pro bono basis, or if they can provide the number for legal aid. At this point in time, it sounds like there are already judgments in place... Read more »

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.

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