Louisiana Divorce Questions & Answers

Q: After filing for a Divorce Petition and moving out, are you still expected to pay half the mortgage and bills?

1 Answer | Asked in Divorce for Louisiana on
Answered on Apr 13, 2019
Ellen Cronin Badeaux's answer
When you go to court for child or spousal support your divorce attorney should resolve who pays mortgage. However if the mortgage is allotted to other spouse and other spouse doesn't pay, then your credit is affected and you may lose equity.

Q: my husband and I have been separated for a week. How long do we have to wait to be divorced? We do not have any children

1 Answer | Asked in Divorce for Louisiana on
Answered on Apr 6, 2019
Ellen Cronin Badeaux's answer
Your divorce lawyer can file now and it will be final in 25 weeks

Q: To get divorced in Louisiana with a child you have to live separate for 1 year. What proof is required of residencies?

2 Answers | Asked in Divorce for Louisiana on
Answered on Apr 5, 2019
Ellen Cronin Badeaux's answer
No proof is required unless one party disputes the date of separation in which case: driver's license, car registration, voter registration card, utility bills, lease, Act of Sale would all be sufficient.

Q: Husband & i have no children. The home is a rental in my name but he will not. Legally does he have to? Not willing to

1 Answer | Asked in Divorce for Louisiana on
Answered on Apr 1, 2019
Ellen Cronin Badeaux's answer
Your question is incomplete. If the lease is in your name, you can ask the landlord to evict him or change the locks.

Q: What's a Confirmation of default letter

1 Answer | Asked in Divorce for Louisiana on
Answered on Mar 27, 2019
Ellen Cronin Badeaux's answer
If one of you has a lawyer, call her. If neither of you has a lawyer, one of you needs to hire one

Q: If my soon to be ex husband refuses to sign final papers what happens?

1 Answer | Asked in Divorce for Louisiana on
Answered on Mar 21, 2019
Ellen Cronin Badeaux's answer
You don't need both parties signatures to get a divorce.

Q: Do I have to pay a certain percent of my son's private school tuition? My ex says by law I have to pay 60%

2 Answers | Asked in Divorce and Family Law for Louisiana on
Answered on Mar 21, 2019
Douglas Lee Bryan's answer
Private school can be included in in the child support calculations, depending upon the circumstances. If the parties disagree, the judge will make that determination.

Q: Can my principal make me work and after school running program. Can I legally say no?

1 Answer | Asked in Divorce for Louisiana on
Answered on Mar 20, 2019
Douglas Lee Bryan's answer
You and your parents should discuss this issue with an attorney for an accurate answer. The facts you've provided doesn't give enough information to adequately answer your question. The easy answer is that you can refuse his request. The question mark is what consequences, if any, may you face if you do so.

Q: I have been served with divorce papers by a spouse who lived apart from me for 180 days....no children. His paper work s

1 Answer | Asked in Divorce for Louisiana on
Answered on Mar 20, 2019
Ellen Cronin Badeaux's answer
Was the prenup to protect you or him?

Spousal support may still be available.

Always dangerous to not have a lawyer.

His getting a default judgment costs you nothing but 1/2 the attorney fees are your problem, unless your attorney negotiates otherwise.

Q: Which parent will receive disability benefits for the minor children?

1 Answer | Asked in Civil Rights, Social Security, Divorce and Family Law for Louisiana on
Answered on Mar 16, 2019
Ellen Cronin Badeaux's answer
The custodial parent receives the children's benefits as long as a copy of the Custody Judgment has been sent to the agency.

Q: If i have been separated for 8 years from my husband. We no longer live together. Would I be entitled to anything?

1 Answer | Asked in Divorce for Louisiana on
Answered on Mar 11, 2019
Ellen Cronin Badeaux's answer
You are entitled to half of all property acquired during your marriage, if no one has filed for divorce. You are also responsible for any debts incurred during your marriage.

Q: What parish should I file for divorce in?

1 Answer | Asked in Divorce for Louisiana on
Answered on Feb 27, 2019
Ellen Cronin Badeaux's answer
Go get a Baton Rouge driver's license and file there.

Q: If my wife had our house before we were married, after 18 years how would this be handled

1 Answer | Asked in Divorce for Louisiana on
Answered on Feb 18, 2019
Ellen Cronin Badeaux's answer
First, if you have not been unfaithful, then you both need to go to marital counseling.

Second, if she had the house before you were married, then it is her separate property.

Third, if you divorce, you are entitled to a reimbursement claim for mortgage payments during the marriage.

Fourth, if she is disabled, you are probably going to be ordered to pay spousal support.

Consult with a family law attorney, if the counseling doesn't work.

Q: I am trying to get a divorce from my husband we have no kids are nothing together he had raped me

2 Answers | Asked in Divorce for Louisiana on
Answered on Feb 8, 2019
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.

Q: Married 2 yrs 9mths. Wife 52 and disabled. Will I have to pay support for life?

1 Answer | Asked in Divorce for Louisiana on
Answered on Feb 3, 2019
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.

Q: How do I file for divorce due to abandonment?

1 Answer | Asked in Divorce for Louisiana on
Answered on Jan 29, 2019
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.

Q: What forms would my boyfriend need to fill out to file for an uncontested divorce in Louisiana?

1 Answer | Asked in Divorce for Louisiana on
Answered on Jan 28, 2019
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.

Q: Good morning, my husband was remarried without divorcing me. How can I pursue a lawsuit?

1 Answer | Asked in Divorce and Family Law for Louisiana on
Answered on Jan 16, 2019
Ellen Cronin Badeaux's answer
File 4 divorce & partition & talk 2 the District attorney.

Q: Does a co owner of a property have to allow repairs to a home if he did not cause the damages?

1 Answer | Asked in Divorce for Louisiana on
Answered on Jan 13, 2019
Ellen Cronin Badeaux's answer
He needs to discuss the damages and circumstances with his divorce attorney. More details are needed.

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.