Louisiana Divorce Questions & Answers
Q: I am trying to get a divorce from my husband we have no kids are nothing together he had raped me
Douglas Lee Bryan's answer
You can get a divorce even if you aren't sure of his current address. It's always best to attempt to locate an address for him, however. If you don't know where he is, the process takes longer and is more costly. Feel free to give me a call and I'll be happy to discuss the process and potential costs, including fees.
You can get a divorce even if you aren't sure of his current address. It's always best to attempt to locate an address for him, however. If you don't know where he is, the process takes longer and is more costly. Feel free to give me a call and I'll be happy to discuss the process and potential costs, including fees.
Q: Married 2 yrs 9mths. Wife 52 and disabled. Will I have to pay support for life?
Ellen Cronin Badeaux's answer
Due to the brevity of the marriage, your divorce attorney should be able to successfully argue that spousal support should not last longer than the marriage, i.e. 12 mos of interim and no more than 21 mos of periodic.
Due to the brevity of the marriage, your divorce attorney should be able to successfully argue that spousal support should not last longer than the marriage, i.e. 12 mos of interim and no more than 21 mos of periodic.
Q: How do I file for divorce due to abandonment?
Ellen Cronin Badeaux's answer
There is no divorce on grounds of abandonment. 5he grounds available to you are:
6 months separation,
Physical abuse,
Adultery,
Conviction of a felony.
Your attorney can however file for spousal support.
There is no divorce on grounds of abandonment. 5he grounds available to you are:
6 months separation,
Physical abuse,
Adultery,
Conviction of a felony.
Your attorney can however file for spousal support.
Q: What forms would my boyfriend need to fill out to file for an uncontested divorce in Louisiana?
Douglas Lee Bryan's answer
I suggest hiring an attorney to handle his divorce to ensure that it is done correctly. If a divorce is not done correctly, the parties may end up still legally married. Many attorneys do not charge much for an uncontested divorce, especially one without children. Feel free to contact me to discuss this further, including the potential costs.
I suggest hiring an attorney to handle his divorce to ensure that it is done correctly. If a divorce is not done correctly, the parties may end up still legally married. Many attorneys do not charge much for an uncontested divorce, especially one without children. Feel free to contact me to discuss this further, including the potential costs.
Q: Does a co owner of a property have to allow repairs to a home if he did not cause the damages?
Ellen Cronin Badeaux's answer
He needs to discuss the damages and circumstances with his divorce attorney. More details are needed.
He needs to discuss the damages and circumstances with his divorce attorney. More details are needed.
Q: Hello, My son, Anthony, got married in Fairbanks, AK, which is where he is stationed in the Army, married on 08-02-18
Ellen Cronin Badeaux's answer
If neither party in LA now, it would probably be easiest for him to get divorced in AK.
If neither party in LA now, it would probably be easiest for him to get divorced in AK.
Q: Would I have to pay alimony if my wife is living with another man in another state?
Ellen Cronin Badeaux's answer
First hire a licensed private investigator in Washington State to document that she is cohabitating. Then hire a divorce attorney here.
First hire a licensed private investigator in Washington State to document that she is cohabitating. Then hire a divorce attorney here.
Q: If I get a legal separation from my husband, will I still be responsible for the bills he makes?
Douglas Lee Bryan's answer
There's no such thing as a "legal separation" in Louisiana anymore. Assuming you don't have a prenuptual (premarital) agreement, the two of you still have a community of assets and debt whether you are living together or not, and you are both potentially liable for any debt the other accrues until a petition for divorce is filed. Once a judgment of divorce is signed, the community will terminate retroactive to the date the petition for divorce is filed.
There's no such thing as a "legal separation" in Louisiana anymore. Assuming you don't have a prenuptual (premarital) agreement, the two of you still have a community of assets and debt whether you are living together or not, and you are both potentially liable for any debt the other accrues until a petition for divorce is filed. Once a judgment of divorce is signed, the community will terminate retroactive to the date the petition for divorce is filed.
Q: Is there a law in Louisiana that someone has to date 6 months and meet the child’s father before he can meet my children
3 Answers
| Asked
in
Divorce, Family Law and Child Custody
for
Louisiana
on
Answered on Dec 31, 2018
Answered on Dec 31, 2018
Mr. James Zitzmann's answer
There is no law, but it might be in a consent judgment or other judgment regarding child custody.
There is no law, but it might be in a consent judgment or other judgment regarding child custody.
Q: I am still legally married,but I have been separated from my husband for two years so can i get a pro bono divorce ASAP?
Ellen Cronin Badeaux's answer
A pro bono lawyer can't handle every thing you need done. So get either your husband or the baby's daddy to help you hire a lawyer to:
1) file a Petition for Divorce,
2) file a 3 Way Acknowledged Act of Paternity or Petition to Disavow.
A pro bono lawyer can't handle every thing you need done. So get either your husband or the baby's daddy to help you hire a lawyer to:
1) file a Petition for Divorce,
2) file a 3 Way Acknowledged Act of Paternity or Petition to Disavow.
Q: How do I get a divorce from my spouse who is in jail for a felony charge we have been separated for almost a year
Ellen Cronin Badeaux's answer
You hire an attorney who can file on the basis of the felony conviction.
You hire an attorney who can file on the basis of the felony conviction.
Q: If my wife leaves the house voluntarily what are my rights I do not want her to come back .she got an apartment
Ellen Cronin Badeaux's answer
Change the locks. Hire a divorce attorney to file for exclusive use of the home.
Change the locks. Hire a divorce attorney to file for exclusive use of the home.
Q: My wife kicked me out 11/12/18. Seeing a man who sees my children more than she let's me see them. What can I do? Help!
Ellen Cronin Badeaux's answer
First hire a private investigator to document that she's committing adultery. Then hire an attorney to file for divorce, custody, child support and spousal support.
First hire a private investigator to document that she's committing adultery. Then hire an attorney to file for divorce, custody, child support and spousal support.
Q: Can fault play a part in Interim Spousal Support? Wife left the home & she is the one that is unhappy.
Ellen Cronin Badeaux's answer
Fault has nothing to do with interim spousal support. It only affects periodic spousal support.
Fault has nothing to do with interim spousal support. It only affects periodic spousal support.
Q: My husband and I have been estranged for 18 years. I reside in Louisiana. He resides in Oklahoma. He remarried.
Ellen Cronin Badeaux's answer
So he remarried, even though you are not divorced? That's bigamy. Why don't you ask him if he ever finalized divorce.
So he remarried, even though you are not divorced? That's bigamy. Why don't you ask him if he ever finalized divorce.
Q: Does the person with right of habitation have to pay insurance & taxes on the home?
Ellen Cronin Badeaux's answer
"Exclusive use" only lasts until the partition of the community. The mortgage, homeowners insurance and HOA fees can be cast by the court to either party.
"Exclusive use" only lasts until the partition of the community. The mortgage, homeowners insurance and HOA fees can be cast by the court to either party.
Q: My grand-d has lived with me & my husband since birth. Father filing for custody ??How is custody decided?????
1 Answer
| Asked
in
Adoption, Child Custody, Divorce and Family Law
for
Louisiana
on
Answered on Nov 27, 2018
Answered on Nov 27, 2018
Q: can my divorce be settled if my attorney resigned before final judgement?
Ellen Cronin Badeaux's answer
Yes but if the two of you are representing yourselves, you run the risk of making an error which could invalidate your divorce, thereby making any subsequent marriage, bigamy. You also may agree to excessive or inadequate spousal or child support without an attorney to advise you on whether the amount is reasonable or not. Similarly, you may agree to a detrimental or inadequate custody agreement. Lastly, DON'T DO IT if either of you has a pension, owns real estate or has a retirement account.
Yes but if the two of you are representing yourselves, you run the risk of making an error which could invalidate your divorce, thereby making any subsequent marriage, bigamy. You also may agree to excessive or inadequate spousal or child support without an attorney to advise you on whether the amount is reasonable or not. Similarly, you may agree to a detrimental or inadequate custody agreement. Lastly, DON'T DO IT if either of you has a pension, owns real estate or has a retirement account.
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.
