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Louisiana Divorce Questions & Answers
1 Answer | 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?

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

Your next step should be to hire a divorce lawyer so that you don't keep spinning your wheels.

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.

1 Answer | Asked in Divorce for Louisiana on
Q: I live in Louisiana and I’m trying to obtain a affidavit of facts form for divorce with minor children

The form has to have two witnesses and a notary signature

Mr. James Zitzmann
Mr. James Zitzmann answered on Jul 24, 2021

https://www.15thjdc.org/uploads/Affidavitfor103Divorcenochildren.pdf

1 Answer | Asked in Divorce for Louisiana on
Q: Hi can you tell me the steps of getting a divorce when you don’t know your spouses whereabouts?
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jul 21, 2021

You hire an attorney who gets a curator appointed.

1 Answer | Asked in Divorce for Louisiana on
Q: My attorney refuses to ask my husband to update his income on his interrogatory and production of documents.

He submitted an interrogatory and production of documents a year ago and lied about his income. He has two sources of income and only reports one. My attorney then said that his second source of income will only be brought up in the event he states that he can’t afford my interim spousal support.... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jun 20, 2021

Parties have ongoing obligation to update Discovery Responses. Your attorney knows the law.

1 Answer | Asked in Divorce and Child Custody for Louisiana on
Q: What do I do if my ex is refusing my time for father's day?

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Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jun 6, 2021

Get her to put it in an email or text. Then print it and hire a lawyer to file contempt.

2 Answers | Asked in Child Custody, Divorce, Civil Rights and Domestic Violence for Louisiana on
Q: My attorney filed this exparte art 3945 in divorce petition on April 29, 2020. Courts did not give me date til 6/22/20

I still have not seen or spoke to my little girl in over a year. Courts still did not see or hear any of my evidence to protect my child from her father and his son, mother, daughter who all abused my child.

My husband now has my little girl brainwashed... forcing her to lie about me to... Read more »

Randy Bryan Ligh
Randy Bryan Ligh answered on May 17, 2021

I do not think you asked a question in your post and also, you have an attorney. You need to ask your questions to your attorney.

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1 Answer | Asked in Divorce for Louisiana on
Q: I’m divorced and remained in the home afterwards, making all the payments and upkeep. the x limit on buying out.

His name is not on the deed or the mortgage. But was granted 1/2 of the property. I was not advised I could buy him out. Now years has passed is it to late? I stayed and payed all 100% of the mortgage and property upkeep.

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on May 11, 2021

You can still buy him out. Hire a divorce lawyer to divide the community property.

1 Answer | Asked in Divorce for Louisiana on
Q: My ex wife and I split May 2018, in the divorce the assets didn’t get split. Is the value what it was then or now?

She has had the house and use of everything. Some things she says no longer work. Washer, fridge, computer. Do I get any value for those items? Also do I get to say she used items and they have depreciated?

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Apr 22, 2021

You need a divorce attorney to file:

1) Descriptive List,

2) Motion for exclusive use or rental value,

3) Motion to Set partition for trial.

You need to write a list of:

a) Every item within the home that was worth more than $100 when you left (i.e. include...
Read more »

1 Answer | Asked in Divorce for Louisiana on
Q: What gets filed after the petition in an article 102 divorce?

My ex filed the petition for an article102 divorce back in June of 2020 but refuses to move forward with it, we have been apart for over a year now, what can I file to move this along?

Randy Bryan Ligh
Randy Bryan Ligh answered on Apr 8, 2021

If you have living separate and apart, without reconciliation, for the statutory length of time (180 days if no children under the age of 18, or 365 days if children under age of 18), then you can get divorced in Louisiana. If you are living outside the state of Louisiana, then your separation... Read more »

1 Answer | Asked in Divorce and International Law for Louisiana on
Q: Can a lawyer find out if someone is married in Mexico?

My friend is trying to get his marriage annulled or get a divorce. He recently learned that his wife may have already been married in Mexico when she married him in the USA. I'm thinking that would be grounds to anull or void their marriage here. However he has no proof this is true, is... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Apr 7, 2021

His US lawyer can find a Mexican lawyer through the US embassy.

1 Answer | Asked in Divorce for Louisiana on
Q: Who was the plaintiff in the case of Appellant V. Thomas Rossi?

This is for a project for my law studies class and I cant find the answer on any website about this case, so please if you can help me with this highschool project

Randy Bryan Ligh
Randy Bryan Ligh answered on Mar 30, 2021

Google is your friend. Do a google search for what you are asking us here to do and you should be able to find it. Good luck.

1 Answer | Asked in Divorce for Louisiana on
Q: My dad divorced my mom in 2011 but in order to get the divorce he commited perjury by lying to the courts and lawyers.

When my dad commited the perjury he told the court and judge he lived somewhere else but he never left home.. he stayed now currently my dad is trying to take my mom to court to kick her out the house. My dad also has a ton of mental issues and refuses to get checked for dementia and other stuff.... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Mar 30, 2021

Your mother needs a family law lawyer to divorce your father and you may need a lawyer to interdict him.

1 Answer | Asked in Divorce for Louisiana on
Q: Per my divorce agreement (Connecticut 2015), I was assigned a loan debt that is in my ex-husband's name.

On his affidavit, my ex disclosed a "joint US government student loan" of approx. $58,000 payable at approx. $300 month. In division of debt, I agreed to pay this as I could afford the monthly payment and because I knew a government loan could be deferred if I was unemployed. After... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Mar 29, 2021

Your divorce lawyer can take the partition back to court.

1 Answer | Asked in Divorce for Louisiana on
Q: I heard that my brothers wife was already married in mexico before marrying him. How can he find out and does it void

Rumor has it she is still married in Mexico. They are in process of divorce so I'm wondering if this could help the process or void the marriage. Also she has been residing in mexico for the last 6 months

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Mar 19, 2021

You need a divorce attorney who can request a certified copy of the Mexican divorce and get a certified translation, then lastly to file a Petition to Annul

1 Answer | Asked in Divorce for Louisiana on
Q: How to divorce someone who is in another country?

Married less than a year, no kids or property. She left 3 months in and has not came back. I would like a divorce but am not sure they will be willing. How do I start the process

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Mar 19, 2021

Hire a divorce attorney who can get a curator appointed to represent her.

2 Answers | Asked in Divorce, Family Law, Child Custody and Domestic Violence for Louisiana on
Q: Is there a statue of limitation on domestic violence occurrence being reported?

Multiple accounts of domestic violence and vandalism towards me by my husband, most recently 2 months ago. Is there a time frame to report this. And could I use these occurrences if a divorce is filed? No report ever filed but pictures and witnesses.

Tom Murphy
Tom Murphy answered on Mar 25, 2021

Statute of Limitations for a first-degree misdemeanor is two years. Keep your witnesses close. Yes, you can use this information in divorce/time-sharing proceedings.

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1 Answer | Asked in Criminal Law, Divorce and Family Law for Louisiana on
Q: If my wife commits bigamy, (me being the second husband) is there anything I need to do to dissolve the marriage?
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Mar 12, 2021

You need to hire an attorney and can be one of the very very few who can obtain an annulment.

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