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Louisiana Divorce Questions & Answers
1 Answer | Asked in Divorce for Louisiana on
Q: My husband and I have been separated 13 years. Can I get an uncontested divorce without having to pay court costs.

I'm currently on disability and get a little over $800.00 a month.

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Aug 19, 2019

You can get an uncontested divorce but will have to pay court costs unless you file forma pauperis.

2 Answers | Asked in Child Support, Divorce and Family Law for Louisiana on
Q: How long does interim spousal support last?

Never finalized divorce after 2 years reconciled with husband what happens?

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Aug 16, 2019

Interim spousal support lasts six months after the date of final divorce if periodic spousal support is pending.

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1 Answer | Asked in Divorce for Louisiana on
Q: My wife wants a divorce. She has moved back home to PA. No contact in 2 months. Can I file for abandonment now?

She basically packed her bags one day took what she wanted out of our apartment and left within a matter of a week.

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Aug 12, 2019

You could have filed before she left. There is no abandonment in LA. Hire a divorce lawyer.

1 Answer | Asked in Divorce and Family Law for Louisiana on
Q: Do I have to change my last name back to my maiden name after the judgement of divorce?

I filed the Petition for Divorce 103(1), paid all fees, and everything to make the make process fast. In the Petition I requested to keep my married name, but in the Judgment I put I wanted to keep my maiden name cause that’s what he wanted. That’s the only reason I put that! Now my ex husband... View More

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Aug 12, 2019

Your ex is blowing smoke.

1 Answer | Asked in Divorce for Louisiana on
Q: Divorce granted Feb 2017. Can my ex husband file fraud charges for me not changing my name back to my maiden name?

Divorce was done in the 14 JDC

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Aug 12, 2019

You can keep his name for the rest of your life and he can do nothing about it.

1 Answer | Asked in Divorce for Louisiana on
Q: Do you have to file an answer to a divorce petition in Louisiana?

If so how many days from being served do you have to file?

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Aug 12, 2019

15 days instate & 30 days out-of-state

1 Answer | Asked in Divorce and Family Law for Louisiana on
Q: Can my husband's EX wife take his daughter outside of state lines without his consent if she is primary custodian?

She constantly allows her parents to take the child to dallas and does not inform us. We find out later, she claims its not during our visitation so it doesn't matter. She is so hard on us and we are to the point of going back to court. I would just like to know if this is something that... View More

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Aug 9, 2019

She is obligated to give you the flight number, airline, hotel, dates of departure and return, destination but does not need your permission if it is during HER visitation.

1 Answer | Asked in Divorce and Family Law for Louisiana on
Q: Can my income be included as joint income if we take my husbands ex wife back to court?

We are at the point of wanting to take my husband's EX wife back to court for more custody but I am afraid she will try and use my income as a reason to increase our current payments. I have gotten mixed reviews from people and am just trying to find some information in this grey area.

Douglas Lee Bryan
Douglas Lee Bryan
answered on Aug 9, 2019

No, your income can't be used for purposes of calculating child support.

1 Answer | Asked in Divorce for Louisiana on
Q: How do I file for a continuance in a divorce proceeding?

I need advice on how to file a continuance for my divorce until after the 17th of October.

I didn’t file for divorce nor have we been to any court dates thus far. Is this something that the filing party must do or has to agree to or something I can do by writing the court to ask. Itsfor... View More

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Aug 6, 2019

Your attorney mat be able to file a Motion to continue on your behalf.

1 Answer | Asked in Divorce for Louisiana on
Q: Can a father sign his legal rights over to a child in the State of Louisiana?

If a mother will not let the father have any contact or rights to the child, no family sees the child nor have contact with the child

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Aug 6, 2019

You can only sign your rights over if the mother of your child has remarried and her husband wants to adopt your child

1 Answer | Asked in Divorce, Domestic Violence and Military Law for Louisiana on
Q: Which Louisiana civil code petition allows me to divorce an active duty soldier?

I have been granted a domestic violence protection order that allows me to file for immediate divorce but I cannot find the correct petition. La Civ. Code 103 states the spouse cannot be an active duty member, and that’s the same petition every attorney hands me.

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Aug 5, 2019

If your spouse consents, you can divorce now. But if your spouse does not consent, you have to wait until 60 days after discharge. That's why you can't find a "form".

1 Answer | Asked in Divorce for Louisiana on
Q: Me and my wife spilt up how do I file for separation
Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Jul 31, 2019

There is no legal separation in Louisiana. You can file for divorce, and if you decide not to go through with it...do nothing and the case will be abandoned.

2 Answers | Asked in Divorce for Louisiana on
Q: What kind of spousal support can i receive if i left the marital home n allowed husband 2 live in it?

Also i allowed him 2 keep n use all assetts land, vehicles, etc. I left w nothing but clothes.

Douglas Lee Bryan
Douglas Lee Bryan
answered on Jul 11, 2019

Interim spousal support is intended to keep the parties in the same standard of living to which they were entitled during the course of the marriage. Therefore, there are a lot of factors to consider in determining this, and the amount will vary from person to person. You can also ask for use of... View More

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1 Answer | Asked in Divorce and Family Law for Louisiana on
Q: My Louisiana divorce was denied for the separation dates not reflecting 180 days. How do I fix this? filed over 1 yr ago

Its a section 103 divorce without minor children. I filed for divorce over a year ago, i mailed in the final judgment months ago and just recently found out my divorce was denied because the separation dates do not reflect 180 days. "Day of separation to date filed" (A notary filed out... View More

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Jul 6, 2019

Hire a divorce attorney to fix your do-it-yourself divorce.

1 Answer | Asked in Divorce for Louisiana on
Q: what is the abandonment period on a article 103 divorce case
Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Jul 2, 2019

6 months separate and apart without minor children and 12 months separate and apart with minor children.

1 Answer | Asked in Divorce for Louisiana on
Q: Can I get spousal support after two years of separation. We were not legally separated plus he had an affair.

I went to court and got my divorce but the judge did not mention spousal support. I did a motion to reset. Can I get spousal support? We had been married 5 years. Upon leaving he never supported me now I am struggling to pay my bills.

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Jul 1, 2019

Your divorce attorney can file for spousal support up to 5 years after your date of final divorce.

2 Answers | Asked in Divorce for Louisiana on
Q: How long does it usually take for a divorce to be finalized after a prelim default is filed?
Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Jun 28, 2019

3 days if the confirmation of default is filed.

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1 Answer | Asked in Divorce and Family Law for Louisiana on
Q: Where do I start if my daughter (13 yo)wants to live with me & only visit her dad? and I do agree its best now

I have been divorced for 4 years now. She is scared of him. The new step siblings use vapes, tattoo themselves, drink etc and she doesn't want to "turn into them" as she put it. Unfortunately, I understand the way and words she describes "I feel like folding into myself when... View More

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Jun 28, 2019

Hire a custody attorney. She is old enough to have a say. Although not the final word.

1 Answer | Asked in Divorce for Louisiana on
Q: If I filed for divorce 2 years ago will I need to refile inorder to move forward? How long can I wait to ask for final j
Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Jun 17, 2019

Depends on the date service was waived or accomplished. Hire a divorce attorney immediately and maybe you can avoid refiling.

1 Answer | Asked in Divorce for Louisiana on
Q: My son wants his wife to change her last name after divorce.

My son's wife left him the day he got out of the Army. She doesn't want to change from my sons last name. They have a 3 year old daughter together but she is now pregnant for another man. Her reason for not wanting to change her last name is because she wants to keep the same last name as... View More

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Jun 12, 2019

Your son cannot force her to assume her maiden name. If she left him, he needs to file ASAP to cut off her ability to get him in debt. Alternatively, they can go to a mediator for their divorce, if they agree on everything.

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