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Louisiana Divorce Questions & Answers
1 Answer | Asked in Divorce for Louisiana on
Q: How do I enforce a spousal income judgement
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jan 21, 2022

Are you talking about a child support or spousal support order?

1 Answer | Asked in Divorce for Louisiana on
Q: Can a spouse legally leave you homeless
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jan 20, 2022

Spouses have the obligation to financially support each other.

1 Answer | Asked in Divorce for Louisiana on
Q: My wife filed for a divorce I have no income going for my ssi can I get allomoney
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jan 13, 2022

Yes. Contacr Southeast Louisiana Legal Services.

1 Answer | Asked in Child Custody and Divorce for Louisiana on
Q: If one party check into a mental health clinic, will that affect custody?

If one parent is admitted to the hospital due to mental health/anxiety needs, will that have a negative affect on said parent? Will they appear unfit?

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jan 11, 2022

Admission to treatment facility for mental health issue can be used by other parent to change custody.

1 Answer | Asked in Divorce and Real Estate Law for Louisiana on
Q: Hi is there a statue of time that a request for rental reimbursement in a community property case be filed in court?

I have community property case, my then attorney filed for rental reimbursement in the descriptive list but not in the petition. is there a statute time limit that it should have been requested?

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jan 5, 2022

No statute of limitation. But it is prospective, not retroactive to date of filing for divorce.

1 Answer | Asked in Divorce, Estate Planning and Child Custody for Louisiana on
Q: Can husband take kids and car from me and move out and then say I can’t have the kids until I have a car?

Husband has taken the kids and car and now living at his moms. This leaves me and the oldest son who is not biologically his but has been raising since 2, he is now 9, with no vehicle. He said he won’t let me see the kids until I get a car. He makes more money than I do and we have always shared... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jan 4, 2022

Find a cheaper place to live and leave. Hire a divorce lawyer and get a car.

1 Answer | Asked in Divorce and Social Security for Louisiana on
Q: If I’m a long term care giver of spouse an married 31 yrs, plus not on bank acct can he put me on the streets?

He is trying to push me out the door with no where to go. My immediate family has all past away so I can’t borrow money for a place to stay.

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Dec 17, 2021

You are probably co-owner of the house. Call Southeast Louisiana Legal Services.

1 Answer | Asked in Divorce for Louisiana on
Q: What would one file to get out of “exclusive use” on co-owned property?

I had a prenuptial agreement stating a separate property regime. I was advised “exclusive use” couldn’t be granted but it was. I thought it would only be until divorce. It’s been a year and I can’t get reimbursed.

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Dec 4, 2021

Do you have an attorney? If not, you need one. If you have one, you need new one.

1 Answer | Asked in Divorce for Louisiana on
Q: Can I sell A piece of property I’m going through a divorce other spouse has contribute no monetary means to it

Couple is separated throughout the entire process

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Dec 3, 2021

If the property was purchased hased prior to marriage, yes you can sell it any time. If it was purchased during the marriage, no you can't sell it now.

2 Answers | Asked in Divorce for Louisiana on
Q: Got a divorce in 2014. Home was awarded to ex wife, it is in my name only. How can I get it out of my name?

She doesn't pay it on time and it is ruining my credit.

Douglas Lee Bryan
Douglas Lee Bryan answered on Dec 1, 2021

It sounds as if she was given use of the home, but the property has not yet been split, or partitioned. You should consult with an attorney who handles divorce or property law to discuss filing to partition the community property.

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1 Answer | Asked in Divorce for Louisiana on
Q: What is the fee for an uncontested divorce in Missouri?
Mr. James Zitzmann
Mr. James Zitzmann answered on Nov 19, 2021

You're in the wrong section. This section is for Louisiana clients.

1 Answer | Asked in Banking, Business Law, Civil Litigation and Divorce for Louisiana on
Q: Divorced 2018.Owned small business with spouse. Signed rights to small business over to spouse. I was removed from LLC

LLC pays the note for the SBA loan. I'm still a guarantor on the loan. Bank won't release me. Ex says she can't get refinanced. I tried to refinance my house and was denied because of being a guarantor on loan. How do I get out of being a guarantor on the loan? Filed a motion for... Read more »

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

Your partition should have:

1) Given her the LLC,

2) stated she had 30/60/90 days to refinance SBA mortgage.

If it does, then hurry and hire a lawyer to OBJECT to the HOC. If it does not, then hire a lawyer to file a 2d Petition to Partition for Omitted Liability.

3 Answers | Asked in Divorce, Bankruptcy and Real Estate Law for Louisiana on
Q: IF MARRIED IN ARKANSAS , WHAT STATE SHOULD I FILE FOR DIVORCE? TEXAS? MISSOURI? LOUISIANA? ARKANSAS? PLEASE SEE DETAILS.

1. being as the home and land, under my name in Missouri was purchased BEFORE we married,

2. WE OWN a mobile home IN TEXAS with no land under her name bought AFTER we were married that WAS OUR MAIN RESIDENCE,

3. and a RV PURCHASED AFTER MARRAGE in Louisiana ?

Also... Read more »

Douglas Lee Bryan
Douglas Lee Bryan answered on Nov 8, 2021

If Louisiana is your permanent address, and you have no plans to move in the immediate future, you can file in Louisiana. I would defer to someone who is familiar with the divorce laws of the other states to say if you can file in one of the other states.

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1 Answer | Asked in Divorce for Louisiana on
Q: Divorced over a year ago and no financial settlement.

My ex filed, which I agreed to at the time, even though he cheated on me. The divorce was granted over a year ago, he is remarried and refuses to respond to the proposed settlement agreement. I have not been able to get an appointment nor response from my lawyer in six months as to what, if... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Oct 31, 2021

If your attorney will not respond to partition the community, then hire a new one

2 Answers | Asked in Bankruptcy and Divorce for Louisiana on
Q: what state SHOULD I SEARCH FOR a divorce and bankruptcy lawyer, if i have property in MISSOURI AND TEXAS?

I LIVE IN LOUISIANA, MY SOON TO BE EX WIFE LIVES TEXAS AND SOMETIMES IN MISSOURI. WE HAVE PROPERTY IN BOTH STATES . ALSO, I WAS NEEDING TO KNOW WHICH ISSUE NEEDS TO BE HANDLED FIRST ? I NEED TO FIND A LAWYER WHO HANDLLES BANKRUPTCY, COMMUNITY PROPERTY AND DIVORCE OVER MULTIPLE STATES. HOW... Read more »

Timothy Denison
Timothy Denison answered on Oct 15, 2021

Louisiana and you file first.

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1 Answer | Asked in Divorce, Family Law and Child Custody for Louisiana on
Q: I am trying to get my divorce but can't afford to at the moment my wife is in prison n and I want custody

I believe my child is being mental state of mind depressed that she can't come here . My wife n I bn separated 3 yrs

Randy Bryan Ligh
Randy Bryan Ligh answered on Oct 14, 2021

Call the Louisiana State Bar Association or the Bar Association in the parish you reside and ask if they have a list of attorneys who might be willing to provide you legal services at a reduced rate or pro bono.

2 Answers | Asked in Divorce for Louisiana on
Q: How do I get help with a divorce.. been separated about 9 years
Douglas Lee Bryan
Douglas Lee Bryan answered on Oct 6, 2021

Simply call any attorney who handles divorce and family law. Many attorneys will offer an affordable rate for an uncontested divorce, and they can often be done without setting foot in a courtroom.

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2 Answers | Asked in Divorce for Louisiana on
Q: Filed Divorce: 5/2018 (pursuant to LA Civil Code Article 102. Default Judgment denied: 4/2019

The motion was denied even though the parties were separated even before filing for the divorce. The court's reason was "a 102 divorce cannot be taken by default".

What should my next step be in order to get this divorce finalized?

Jacob Rennick
Jacob Rennick answered on Sep 23, 2021

Yes, I agree with Ellen. In Louisiana you are entitled to a no-fault based divorce under Art 102 or 103 and can get default judgments under either article. More than likely you left out a step required to finalize the divorce.

My experience has been that judges are a little more finicky...
Read more »

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1 Answer | Asked in Divorce and Child Support for Louisiana on
Q: When daughter turns 18 but is still in High school he thinks he can send cks made to her instead! Can he do that?
Douglas Lee Bryan
Douglas Lee Bryan answered on Aug 17, 2021

No, the support is owed to the parent, not the child.

1 Answer | Asked in Divorce, Child Custody and Child Support for Louisiana on
Q: how do i keep my children from leaving the state

my spouse and I want to divorce

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Aug 14, 2021

Hire a divorce lawyer who can also file a restraining order.

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