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

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.

Q: Hello, My son, Anthony, got married in Fairbanks, AK, which is where he is stationed in the Army, married on 08-02-18

2 Answers | Asked in Divorce for Louisiana on
Answered on Jan 9, 2019
Ellen Cronin Badeaux's answer
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?

1 Answer | Asked in Divorce for Louisiana on
Answered on Jan 8, 2019
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.

Q: Is a spouse responsible for repairs on his property/

1 Answer | Asked in Divorce for Louisiana on
Answered on Jan 8, 2019
Ellen Cronin Badeaux's answer
You did not provide enough details to answer the question.

Q: If I get a legal separation from my husband, will I still be responsible for the bills he makes?

2 Answers | Asked in Divorce for Louisiana on
Answered on Jan 7, 2019
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.

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
Mr. James Zitzmann's answer
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?

1 Answer | Asked in Divorce for Louisiana on
Answered on Dec 16, 2018
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.

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

1 Answer | Asked in Divorce for Louisiana on
Answered on Dec 15, 2018
Ellen Cronin Badeaux's answer
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

1 Answer | Asked in Divorce for Louisiana on
Answered on Dec 12, 2018
Ellen Cronin Badeaux's answer
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!

1 Answer | Asked in Divorce, Family Law and Child Custody for Louisiana on
Answered on Dec 8, 2018
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.

Q: Can fault play a part in Interim Spousal Support? Wife left the home & she is the one that is unhappy.

2 Answers | Asked in Divorce for Louisiana on
Answered on Dec 7, 2018
Ellen Cronin Badeaux's answer
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.

2 Answers | Asked in Divorce for Louisiana on
Answered on Dec 5, 2018
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.

Q: Does the person with right of habitation have to pay insurance & taxes on the home?

1 Answer | Asked in Family Law and Divorce for Louisiana on
Answered on Nov 29, 2018
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.

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
Ellen Cronin Badeaux's answer
Hire a custody lawyer. You have no legal rights at this time.

Q: can my divorce be settled if my attorney resigned before final judgement?

1 Answer | Asked in Divorce for Louisiana on
Answered on Nov 26, 2018
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.

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