Lawyers, Answer Questions  & Get Points Log In

Louisiana Divorce Questions & Answers

2 Answers | Asked in Divorce for Louisiana on

Q: What kind of spousal support can i receive if i left the marital home n allowed husband 2 live in it?

Also i allowed him 2 keep n use all assetts land, vehicles, etc. I left w nothing but clothes.

Douglas Lee Bryan answered on Jul 11, 2019

Interim spousal support is intended to keep the parties in the same standard of living to which they were entitled during the course of the marriage. Therefore, there are a lot of factors to consider in determining this, and the amount will vary from person to person. You can also ask for use of... Read more »

View More Answers

1 Answer | Asked in Divorce and Family Law for Louisiana on

Q: My Louisiana divorce was denied for the separation dates not reflecting 180 days. How do I fix this? filed over 1 yr ago

Its a section 103 divorce without minor children. I filed for divorce over a year ago, i mailed in the final judgment months ago and just recently found out my divorce was denied because the separation dates do not reflect 180 days. "Day of separation to date filed" (A notary filed out the first... Read more »

Ellen Cronin Badeaux answered on Jul 6, 2019

Hire a divorce attorney to fix your do-it-yourself divorce.

1 Answer | Asked in Divorce for Louisiana on

Q: what is the abandonment period on a article 103 divorce case

Ellen Cronin Badeaux answered on Jul 2, 2019

6 months separate and apart without minor children and 12 months separate and apart with minor children.

1 Answer | Asked in Divorce for Louisiana on

Q: Can I get spousal support after two years of separation. We were not legally separated plus he had an affair.

I went to court and got my divorce but the judge did not mention spousal support. I did a motion to reset. Can I get spousal support? We had been married 5 years. Upon leaving he never supported me now I am struggling to pay my bills.

Ellen Cronin Badeaux answered on Jul 1, 2019

Your divorce attorney can file for spousal support up to 5 years after your date of final divorce.

2 Answers | Asked in Divorce for Louisiana on

Q: How long does it usually take for a divorce to be finalized after a prelim default is filed?

Ellen Cronin Badeaux answered on Jun 28, 2019

3 days if the confirmation of default is filed.

View More Answers

1 Answer | Asked in Divorce and Family Law for Louisiana on

Q: Where do I start if my daughter (13 yo)wants to live with me & only visit her dad? and I do agree its best now

I have been divorced for 4 years now. She is scared of him. The new step siblings use vapes, tattoo themselves, drink etc and she doesn't want to "turn into them" as she put it. Unfortunately, I understand the way and words she describes "I feel like folding into myself when he yells or wont talk... Read more »

Ellen Cronin Badeaux answered on Jun 28, 2019

Hire a custody attorney. She is old enough to have a say. Although not the final word.

1 Answer | Asked in Divorce for Louisiana on

Q: If I filed for divorce 2 years ago will I need to refile inorder to move forward? How long can I wait to ask for final j

Ellen Cronin Badeaux answered on Jun 17, 2019

Depends on the date service was waived or accomplished. Hire a divorce attorney immediately and maybe you can avoid refiling.

1 Answer | Asked in Divorce for Louisiana on

Q: My son wants his wife to change her last name after divorce.

My son's wife left him the day he got out of the Army. She doesn't want to change from my sons last name. They have a 3 year old daughter together but she is now pregnant for another man. Her reason for not wanting to change her last name is because she wants to keep the same last name as at least... Read more »

Ellen Cronin Badeaux answered on Jun 12, 2019

Your son cannot force her to assume her maiden name. If she left him, he needs to file ASAP to cut off her ability to get him in debt. Alternatively, they can go to a mediator for their divorce, if they agree on everything.

1 Answer | Asked in Divorce and Family Law for Louisiana on

Q: What outcome should I expect from my divorce?

My wife and I were married just over a year ago. At the time we were married, she was a recently divorced mother of 3 children from her previous marriage, and we have no children of our own, nor any "community property" to speak of. After getting married, I moved into her house, which is completely... Read more »

Ellen Cronin Badeaux answered on Jun 12, 2019

Her attorney can still seek spousal support. By the way, you can file for divorce at the beginning of the separation, instead of at the end of the 180 days, to prevent her from getting you in any debt. You should at the least consult with an attorney. Additionally, if you screw up a... Read more »

1 Answer | Asked in Divorce for Louisiana on

Q: My wife wants me to leave our home by this weekend, can she force me to leave

Ellen Cronin Badeaux answered on Jun 11, 2019

She can file for divorce and to have you leave the home. IF it's granted, the judge will order you out. But that will take a few weeks.

1 Answer | Asked in Divorce for Louisiana on

Q: My sons wife left him for another man after he was diagnosed with advanced cancer. Now she wants her part of home. Can

She force him out of the home?

Ellen Cronin Badeaux answered on May 24, 2019

Your son's divorce attorney should be able to prevent this on the basis of his health.

1 Answer | Asked in Child Support and Divorce for Louisiana on

Q: When there is temporary alimony in the divorce ... judge stated this until she finds “Gainful Employment “

And she is working ... we confirmed it ... so can we file to have it stopped ?

Ellen Cronin Badeaux answered on May 24, 2019

If the transcript will say: "until she finds gainful employment" then you can file to decrease or terminate now.

1 Answer | Asked in Divorce, Child Custody and Child Support for Louisiana on

Q: I've been living at the same rental house for 7 years and I got married 8 months ago but I want a divorce

I've been living at the same rental house for 7 years and I got married 8 months ago but I want a divorce because my husband turned out to be controlling and emotionally abusive. He's monitoring my calls, I can't talk to family members or friends for long, I feel trapped, etc. We have a 4-month-old... Read more »

Ellen Cronin Badeaux answered on May 17, 2019

Hire a divorce attorney. She can get you use of the home within a month.

1 Answer | Asked in Divorce and Civil Rights for Louisiana on

Q: Is there a statue of limitations on community property settlement in the state of Louisiana?

We have been divorced for over 10 years and she now wants to settle and take everything I don't have anymore so she wants me to pay her money

Ellen Cronin Badeaux answered on May 12, 2019

Wait until she serves you with something. Then hire a community property lawyer quickly because partition of community property does not prescribe.

2 Answers | Asked in Divorce for Louisiana on

Q: separated for about a month now I live in St Martin Parish and he resides in West Baton rouge which parish can I file in

The last parish we resided in together was west Baton Rouge I read that even though I use to live in west baton I can file in the parish where I currently reside

Ellen Cronin Badeaux answered on May 7, 2019

Either of you can file in St Martin or Baton Rouge.

View More Answers

2 Answers | Asked in Divorce for Louisiana on

Q: Good evening. Trying to find divorce decree! I've been married (or i thought) to someone for 21 years

Now he's disable, dealing with ssa

Can't find the divorce decree anywhere from the first marriage

From Any parish? What can i did?

Ellen Cronin Badeaux answered on May 7, 2019

Hire a private investigator.

View More Answers

1 Answer | Asked in Divorce for Louisiana on

Q: If I got married (at a courthouse) but, never registered the license; am I still married? Do I have to get a divorce?

Ellen Cronin Badeaux answered on May 3, 2019

If you were married by a judge, you need a divorce.

2 Answers | Asked in Divorce for Louisiana on

Q: He is saying that he isnt going to divorce me but I have to leave the house? Why no divorce?

I get the feeling that he is trying to pull a fast one on me. If i move out do i forfeit any community property, and can he take my car that he bought me but is in his name? That is what he is telling me

Ellen Cronin Badeaux answered on Apr 24, 2019

Who leaves first has no impact on partition of community property.

View More Answers

1 Answer | Asked in Child Custody, Divorce and Family Law for Louisiana on

Q: Can I get full custody of my children?

My husband and I have been separate for almost four years, he was abusive during our relationship and his ex girlfriend, whom just had a baby with him, says she was abusive to her also. However, neither of us have any documented proof, and he is currently in jail for theft. If I filed for a divorce... Read more »

Ellen Cronin Badeaux answered on Apr 24, 2019

Him being in jail, makes it much easier for you to get custody. So strike while the iron is hot.

1 Answer | Asked in Divorce for Louisiana on

Q: My husband purchased a home and didn't put my name on the loan, does that mean I have to leave the home?

He is trying to make me leave the house and because I cannot afford the mortgage bill he says that if I don't leave that he will just let the bank take it, same with my car. He purchased it for me but didn't include my name on it, Am I screwed if I leave the house and will I be screwed if I refuse... Read more »

Ellen Cronin Badeaux answered on Apr 24, 2019

Who cares if you are on the mortgage. What matters is if the home was purchased during the marriage. If you can't afford the note, let him stay in the house and he has to buy you out.

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.