Lawyers, Answer Questions  & Get Points Log In
Louisiana Divorce Questions & Answers
2 Answers | Asked in Criminal Law, Divorce and Employment Discrimination for Louisiana on
Q: I have questions about the possible suing of my exhusband/boss for the things he did to me.
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Apr 7, 2020

You need to provide more details or call a client.

View More Answers

1 Answer | Asked in Divorce for Louisiana on
Q: My husband signed an act of donation on our home before we married, if we divorce does he automatically owe me 85,000?

His name was the only one on the mortgage before we married. He signed the act of donation about 7 months after we purchased it

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Apr 5, 2020

Nothing is automatic. But if you divorce, you are co-owners. Hire a divorce attorney if this comes up.

1 Answer | Asked in Divorce for Louisiana on
Q: My ex has delayed, lessen payment, not paid at the time of the court order spousal payments. I warned him and he

Continues to ignore the warnings. The payment for this month has still not been paid. The due date is the 1st of every month. He claims I owed payment for counseling sessions that our children had and decided to take it from my spousal payment.

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Apr 5, 2020

You need to discuss this with a child support lawyer to find out if the right hoops were jumped through for counseling to be deductable.

1 Answer | Asked in Divorce for Louisiana on
Q: Can my ex husband take me back to court over this land and house?

Divorced for 3years. The mobile home was acquired but in my name as well as he signed over his rights to the land to me so we could do a land home deal. I've been keeping the home and land up as well as paying the mortgage every month

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Mar 25, 2020

Even if the mobile home was acquired in your name, if it was acquired during the marriage, then it was community property. You own it, since you are on the title, but he may have a reimbursement claim for 1/2 of the value.

If he donated his rights in the land to you, good, you own that....
Read more »

1 Answer | Asked in Divorce and Social Security for Louisiana on
Q: My husband made a baby while being incarcerated is that right
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Mar 22, 2020

There's gotta be some pretty unusual circumstances. Someone needs to call a paternity lawyer.

1 Answer | Asked in Real Estate Law, Bankruptcy and Divorce for Louisiana on
Q: Property Settlement

Divorced for about 3 years, settlement not included with divorce, house acquired during marriage. I have been solely paying for the house and all related upkeep. How can I get the ex off the title? He already said he won't sign a quit claim. I don't have the money to sue him over this and make too... Read more »

Timothy Denison
Timothy Denison answered on Mar 18, 2020

Go back into the divorce case and ask the judge to remove him. The real question is why the settlement was not included in the divorce bc that is where all these type issues are handled.

2 Answers | Asked in Divorce and Family Law for Louisiana on
Q: My ex wife is very hostile towards me. Our kids are 8 and 11, what could she do if I leave them home alone while at work

I would be gone 3 or 4 hours max, they would have a cell phone, they know all 3 of our connecting neighbors (one of whom is a cop), and they would know not to open the door for anybody. My ex will take any opportunity to attack me and I want to be sure she can't come after me for it.

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Mar 14, 2020

Ah NO. See if the cop or his wife can watch your kids or another of your connecting neighbors. 11 yr old is old enough to stay home alone but NOT old enough to babysit until age 14.

View More Answers

1 Answer | Asked in Divorce for Louisiana on
Q: What is the next step after defendant will not agree to court cost in a divorce?
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Mar 12, 2020

You need to discuss this with an attorney. Each party pays their own court costs, unless the court assesses them to one party. Then if the penalized party doesn't pay, that party can be held in contempt.

1 Answer | Asked in Divorce for Louisiana on
Q: Consolidation of divorce when only one party has been served. Baton Rouge Local Rule 11

Local Rule 11 (we both filed in Baton Rouge) was the reason given for consolidation. I have read it and it seems to maybe be apply to individuals that lose representation before a hearing etc. I have maintained representation. I can see that the Louisiana Rule 11 says consolidation for ongoing... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Mar 11, 2020

They can be consolidated with or without service down into the lower case number for judicial efficiency.

1 Answer | Asked in Divorce and Family Law for Louisiana on
Q: If your spouce has voluntarily left the home and has filed a petition for divorce. Can the other spouce change the locks

On the home?

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Mar 9, 2020

If the home is in both names, you can change the locks and spouse can get back in.

3 Answers | Asked in Divorce for Louisiana on
Q: My soon to be ex-husband of 23 years is the listed owner of our home in Louisiana. He has not worked 15 yrs of 23 yr

marriage. It has been my income that has paid 90% of the loan. We also remortgaged in 2003 & 2009 which I signed and thought this made me an equal owner. Home is now paid in full. Am I entitled to 50% of the property value? Based on the information provided, would you sue to obtain 50% of the... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Feb 15, 2020

If the home was purchased after the marriage, then you are entitled to 1/2 the value.

View More Answers

1 Answer | Asked in Divorce for Louisiana on
Q: Why spouse knowingly file for divorce a week after he knew I filed? He’s avoiding service. Hoping I get served 1st?

I left an abusive marriage. He is the money maker and in control of all of the finances. I need that financial restraining order served. He’s an attorney. Does he know something that my attorney doesn’t?

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Feb 8, 2020

There is no advantage to filing first unless it is in 2 different parishes.

1 Answer | Asked in Divorce, Family Law and Domestic Violence for Louisiana on
Q: If the I'm the victim of the restraining and I contact the offender will the protective or be good anymore
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Feb 7, 2020

Yes but be careful what you say and do so sparingly or it will be used against you.

1 Answer | Asked in Divorce and Child Custody for Louisiana on
Q: Under an article 102 does the defendant have to file reconventional demand if a counter suit is filed?
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Feb 6, 2020

Not even close to enough information provided. Hire a domestic attorney and show her all the pkeadings.

2 Answers | Asked in Child Custody, Divorce and Family Law for Louisiana on
Q: My ex-wife has sole custody can she move to another state with the kids

I lost custody because I couldn't afford to contest the divorce.

Douglas Lee Bryan
Douglas Lee Bryan answered on Feb 5, 2020

You should seek the help of a family law attorney asap to seek to modify your rights. And you can contest the out-of-state move at the same time.

View More Answers

2 Answers | Asked in Divorce for Louisiana on
Q: Just found out husband of 11 years is married to another woman. They got married before we did. What do i do?
Douglas Lee Bryan
Douglas Lee Bryan answered on Feb 4, 2020

Call a lawyer who handles divorce and family matters ASAP. Even if you're not legally married, you may have the right to many of the advantages of marriage, including the right to spousal support.

View More Answers

1 Answer | Asked in Divorce for Louisiana on
Q: What do Judges usually ask for as proof/evidence that a couple have been separated for a year in a uncontested divorce?
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Feb 1, 2020

One witness who can testify they have not reconciled.

1 Answer | Asked in Divorce and Family Law for Louisiana on
Q: In Louisiana is spousal support a consideration when dividing community property?

I have been paying a substantial amount of interim spousal support. Can I legally deduct the amount of interim spousal support from the amount of community property my ex will receive? We have no children and were only married 2 1/2 years.

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jan 30, 2020

No you cannot deduct spousal support from the other spouse's share of the community. It's apples and oranges.

1 Answer | Asked in Divorce for Louisiana on
Q: How do you determine the community portion of a retirement account (IRA) that is actively managed in Louisiana?

My IRA retirement account is invested in a strategical account that is actively managed (not by me but the fund manager). This is not an ETF or mutual fund, but a portfolio of stocks that are individually purchased at the discretion of the fund manager. I know my ex-husband is entitled to 1/2 of... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jan 30, 2020

You are going to need a forensic CPA to determine this and testify to it in court. Your divorce attorney can direct you to one.

2 Answers | Asked in Divorce for Louisiana on
Q: We have a car financed in both of our names, mine first. I will be filing for divorce, can I leave with the car?
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jan 28, 2020

It's not who is on the loan that is important. It's who is on the registration.

View More Answers

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.