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Louisiana Divorce Questions & Answers
1 Answer | Asked in Divorce and Family Law for Louisiana on
Q: What outcome should I expect from my divorce?

My wife and I were married just over a year ago. At the time we were married, she was a recently divorced mother of 3 children from her previous marriage, and we have no children of our own, nor any "community property" to speak of. After getting married, I moved into her house, which is... View More

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

Her attorney can still seek spousal support. By the way, you can file for divorce at the beginning of the separation, instead of at the end of the 180 days, to prevent her from getting you in any debt. You should at the least consult with an attorney. Additionally, if you screw up a... View More

1 Answer | Asked in Divorce for Louisiana on
Q: My wife wants me to leave our home by this weekend, can she force me to leave
Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Jun 11, 2019

She can file for divorce and to have you leave the home. IF it's granted, the judge will order you out. But that will take a few weeks.

1 Answer | Asked in Divorce for Louisiana on
Q: My sons wife left him for another man after he was diagnosed with advanced cancer. Now she wants her part of home. Can

She force him out of the home?

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on May 24, 2019

Your son's divorce attorney should be able to prevent this on the basis of his health.

1 Answer | Asked in Child Support and Divorce for Louisiana on
Q: When there is temporary alimony in the divorce ... judge stated this until she finds “Gainful Employment “

And she is working ... we confirmed it ... so can we file to have it stopped ?

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on May 24, 2019

If the transcript will say: "until she finds gainful employment" then you can file to decrease or terminate now.

1 Answer | Asked in Divorce, Child Custody and Child Support for Louisiana on
Q: I've been living at the same rental house for 7 years and I got married 8 months ago but I want a divorce

I've been living at the same rental house for 7 years and I got married 8 months ago but I want a divorce because my husband turned out to be controlling and emotionally abusive. He's monitoring my calls, I can't talk to family members or friends for long, I feel trapped, etc. We... View More

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on May 17, 2019

Hire a divorce attorney. She can get you use of the home within a month.

1 Answer | Asked in Divorce and Civil Rights for Louisiana on
Q: Is there a statue of limitations on community property settlement in the state of Louisiana?

We have been divorced for over 10 years and she now wants to settle and take everything I don't have anymore so she wants me to pay her money

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

Wait until she serves you with something. Then hire a community property lawyer quickly because partition of community property does not prescribe.

2 Answers | Asked in Divorce for Louisiana on
Q: separated for about a month now I live in St Martin Parish and he resides in West Baton rouge which parish can I file in

The last parish we resided in together was west Baton Rouge I read that even though I use to live in west baton I can file in the parish where I currently reside

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on May 7, 2019

Either of you can file in St Martin or Baton Rouge.

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2 Answers | Asked in Divorce for Louisiana on
Q: Good evening. Trying to find divorce decree! I've been married (or i thought) to someone for 21 years

Now he's disable, dealing with ssa

Can't find the divorce decree anywhere from the first marriage

From Any parish? What can i did?

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on May 7, 2019

Hire a private investigator.

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1 Answer | Asked in Divorce for Louisiana on
Q: If I got married (at a courthouse) but, never registered the license; am I still married? Do I have to get a divorce?
Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on May 3, 2019

If you were married by a judge, you need a divorce.

2 Answers | Asked in Divorce for Louisiana on
Q: He is saying that he isnt going to divorce me but I have to leave the house? Why no divorce?

I get the feeling that he is trying to pull a fast one on me. If i move out do i forfeit any community property, and can he take my car that he bought me but is in his name? That is what he is telling me

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Apr 24, 2019

Who leaves first has no impact on partition of community property.

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1 Answer | Asked in Child Custody, Divorce and Family Law for Louisiana on
Q: Can I get full custody of my children?

My husband and I have been separate for almost four years, he was abusive during our relationship and his ex girlfriend, whom just had a baby with him, says she was abusive to her also. However, neither of us have any documented proof, and he is currently in jail for theft. If I filed for a divorce... View More

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Apr 24, 2019

Him being in jail, makes it much easier for you to get custody. So strike while the iron is hot.

1 Answer | Asked in Divorce for Louisiana on
Q: My husband purchased a home and didn't put my name on the loan, does that mean I have to leave the home?

He is trying to make me leave the house and because I cannot afford the mortgage bill he says that if I don't leave that he will just let the bank take it, same with my car. He purchased it for me but didn't include my name on it, Am I screwed if I leave the house and will I be screwed if... View More

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Apr 24, 2019

Who cares if you are on the mortgage. What matters is if the home was purchased during the marriage. If you can't afford the note, let him stay in the house and he has to buy you out.

1 Answer | Asked in Divorce for Louisiana on
Q: I have been separated from my husband since November 2017 but he still remains on my family medical insurance policy.

He wants to remain on my policy and is willing to contribute his “fair share” towards the monthly premium cost. I, however, want to remove him from my policy. Since we are still married is it legal for me to do this? I haven’t filed for divorce because he said he will get half of my... View More

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

Unless there is a restraining order forbidding you from removing him, you can.

1 Answer | Asked in Divorce and Family Law for Louisiana on
Q: How is legal residency (housing) established pertaining to an individuals rights pre/post divorce proceedings.

Can two people own a home and one relinquish the rights to enter voluntarily or without knowledge.

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

Domicile is established with utility bills, drivers license, voter registration card, etc.

1 Answer | Asked in Divorce for Louisiana on
Q: After filing for a Divorce Petition and moving out, are you still expected to pay half the mortgage and bills?

The house is in both the husband and wife's name. Are you expected to still pay half AND rent for an apartment while waiting the 6 months of separation to be over?

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Apr 13, 2019

When you go to court for child or spousal support your divorce attorney should resolve who pays mortgage. However if the mortgage is allotted to other spouse and other spouse doesn't pay, then your credit is affected and you may lose equity.

1 Answer | Asked in Divorce for Louisiana on
Q: my husband and I have been separated for a week. How long do we have to wait to be divorced? We do not have any children

He said he filled divorce papers yesterday So it will be 25 weeks from then?

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

Your divorce lawyer can file now and it will be final in 25 weeks

2 Answers | Asked in Divorce for Louisiana on
Q: To get divorced in Louisiana with a child you have to live separate for 1 year. What proof is required of residencies?
Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Apr 5, 2019

No proof is required unless one party disputes the date of separation in which case: driver's license, car registration, voter registration card, utility bills, lease, Act of Sale would all be sufficient.

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1 Answer | Asked in Divorce for Louisiana on
Q: Husband & i have no children. The home is a rental in my name but he will not. Legally does he have to? Not willing to
Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Apr 1, 2019

Your question is incomplete. If the lease is in your name, you can ask the landlord to evict him or change the locks.

1 Answer | Asked in Divorce, Family Law and Criminal Law for Louisiana on
Q: Can my ex (we are separated NOT divorced) legally break into a house in which we lived (it is owned by my parents)

steal item's and pawn them? I have proof (receipts that I purchased them before we were married or lived together.

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Mar 30, 2019

Call the Sheriff.

1 Answer | Asked in Divorce for Louisiana on
Q: What's a Confirmation of default letter

My husband filed for divorce we both agreed to but received a letter requesting Confirmation Of Default

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Mar 27, 2019

If one of you has a lawyer, call her. If neither of you has a lawyer, one of you needs to hire one

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