Get free answers to your Divorce legal questions from lawyers in your area.
My husband and I want to dissolve our prenuptial agreement, which was signed in March 2009 in Louisiana. We both agree to dissolve it but cannot find the original document, and the attorney who helped us has retired. Both parties are willing to sign a specific document to dissolve the prenup. What... View More 
answered on Mar 10, 2025
Short version is that I highly recommend that you hire an attorney to prepare the paperwork to make sure it is done correctly as at some point in time in the future you do not want to have someone go back and say the agreement is void or not enforceable because it was not done correctly. If I... View More
I divorced my ex-wife in September 2024. During the child support hearing in August 2024, she told the court she didn't want child support, and later declined my offer, saying it wasn’t enough. She informed me she filed for child support in January 2025, even though I haven't received... View More
answered on Mar 10, 2025
Yes, she can but she can only receive child support from the date of (new) filing. Also, the reason(s) she declined child support before may be relevant to the child support amount moving forward----my recommendation is that you at least have a sit down consult with a lawyer in your area to... View More
I have been married for 15 months, staying home upon my husband's insistence, while he works. He started lying and talking to other women only 7 months into our marriage. We have no children, and everything, including my car, is in his name. There is no prenuptial agreement. I'm concerned... View More
answered on Feb 26, 2025
Your have options but in order to obtain them you most likely will have to go to Court ----at this time, I highly recommend that you set up a consultation (or 2) with a divorce/family law lawyer in your area----sit down with them, discuss the specifics and they can tell you your options in detail.... View More
I have been married for almost 20 years. We own a home together and I would like to sell it and split the profit, as well as divide a few shared items. We currently live in the same home, even sharing a bedroom. I want to leave, but I'm not sure if I would forfeit everything, as in a claim of... View More
answered on Feb 20, 2025
If you have a community property regime, which you most likely have, 1/2 of the marital assets and 1/2 of the marital debt is yours and the other half is his regardless of who is at fault in the marriage. I recommend that you contact a divorce/community property/family lawyer in your area and have... View More
answered on Feb 10, 2025
There are various ways to obtain a judgment of divorce in Louisiana---most will select the option of having lived separate and apart for the period of time which would allow you to get divorced---depending on one's situation, 180 days or 1 year. You can also obtain a divorce based on... View More
Immediately upon getting married I sold my separate home, then took separate money and purchased a new home while married, my then wife did not and could not contribute she still owned a separate home. Upon sale of her home she moved into the new home i purchased. Is this still considered... View More
answered on Sep 18, 2024
Arguments can be made that it's separate property or that it's community property. I would suggest you sit down with a community property or family law attorney to specifically discuss this and determine a strategy for what you desire and if it's practical. For example, one needs... View More
My daughter and mother live with me. We're not together anymore and she isn't paying rent. My daughter goes to school here and the mother wants to up and leave to SC where her mother lives. There's no abuse or negligence on my part, she wants to move over there because her mother is... View More
answered on Aug 29, 2024
If this is an issue and/or might become an issue, then the paperwork between you and the mother regarding custody of the child will be important. What does it say as to relocation? If there is non paperwork currently, then I would immediately contact a family law/custody lawyer in your area to... View More
And kicking me out
answered on Aug 18, 2024
This is something that Louisiana divorce attorneys should advise on, but you posted last week - and sadly, it looks like you're being kicked to the curb.
- You could start seeking help through legal aid organizations or pro bono attorneys. Here is a link to some leads on this website -... View More
answered on Aug 5, 2024
My recommendation is that you should consult with a lawyer to discuss your options and to determine the best way to proceed at this time---that's the best thing to do. In further answer to your question, you can either not seek determination of the commuity property at this time and simply... View More
answered on Jul 17, 2024
No. Once the community property is terminated, income and debt you earn/obtain is solely yours moving forward but the already existing community property is still that. If your community property is terminated, then the community property between spouses remain just that, except that you are now... View More
I have his last known address from 12 years ago.
answered on May 28, 2024
If you do not know the whereabouts of your spouse, you can still obtain a divorce but it is more expensive as you have to ask the court to appoint a curator (which would be an attorney) to make reasonable efforts to locate your spouse---it is more expensive because you are responsible to pay the... View More
answered on Mar 28, 2024
Courts in Louisiana are not 100% uniform in how they will grant a divorce, especially if you are not represented. My advice is to call the local bar association and see if they can provide any assistance to you, or if they can recommend an attorney who will meet/consult with you at a reduced rate... View More
Suit. Judgement was 2014 divorced in 2022 AM I entitled by Ohio law my share.
answered on Mar 11, 2024
If the settlement has been signed by a Judge as an Order of the Court or a Judgment of the Court, then return to Court and seek enforcement of the Judgment. If you have an attorney representing you then I advise you to contact said attorney about this. If you did not have an attorney, then please... View More
Married for 10 years, child is 7 years old, both would be living locally to child's school, no criminal history for both parents, no history of domestic abuse from either parties, no infidelity on either side, everything is under fathers name, father employed as AVP Branch Manager, Wife... View More
answered on Feb 16, 2024
All cases are different and depend on the specific facts however the Courts prefer that both parents be involved in the life of the child so based on that, the likelihood of joint custody is high. I am not sure what you mean by SPLIT. If you mean SHARED, then the answer remains the same: the... View More
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answered on Feb 8, 2024
In Louisiana, obtaining a divorce, even with the intention of relinquishing rights to children, may not be entirely free due to court fees and possible attorney costs. However, low-income individuals might qualify for a fee waiver or reduced-cost legal services through legal aid organizations. The... View More
I am not the biological father but the baby has my last name because we were married before and after she was born
answered on Jan 28, 2024
You certainly have a right to dipsute this should you choose to do so. You should consult with a family law attorney in your area to discuss your options re: the breakup/dissolution of your marriage and the incidental matters, including, divorce, child support, child custody, spousal support and... View More
We own a business together. I filed federal and state taxes in Louisiana (married separate). My spouse filed taxes in California (jt).
We own a condo together. We are broke. Barely getting by. I am unemployed. How can I divorce for least amount of expenses?
answered on Jan 16, 2024
My answer is that if you are currently living in Louisiana, then you should file in Louisiana-----that said, you indicate that you own property, you do not mention your debt, if any, of the community, so I recommend that before you file that you at least consult with a family law/divorce attorney... View More
A divorce decree left property to my sibling and I in the event of my father’s death. He passed recently and I found that his wife who lived in the property with him but never purchased or paid the “now free and clear” mortgage, name is included on the deed along with him. Is this a... View More
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answered on Jan 1, 2024
In Louisiana, a divorce decree that addresses property distribution typically has legal precedence over later actions, such as the changing of a deed. If the decree explicitly awarded your mother's half of the property to you and your sibling, this should be honored unless legally modified... View More
I have raised my son for the past 2, almost 3 years without any financial, medical, or school-related help from his other parent. I am now filing for divorce and there are no previous custody arrangements or court cases involved. What are my chances of winning a custody battle in court?
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answered on Apr 13, 2025
In Louisiana, the court’s primary focus in custody cases is the best interest of the child. Since you've raised your son for nearly three years without assistance from the other parent, this could work in your favor, as the court may recognize the stability and bond you’ve provided. The... View More
I need to file for a divorce, but my spouse lives in Alabama, and I live in Louisiana. We've been living in separate states for two months. I am on a fixed income and planning to file in Louisiana. We have no agreements regarding spousal support or division of property. How should I proceed... View More
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answered on Apr 13, 2025
To begin the divorce process in Louisiana, you’ll need to file a petition for divorce in the parish where you live. Louisiana requires that at least one spouse be a resident of the state for six months before filing. Since you've been living separately for two months, you should check the... View More
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