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Louisiana Divorce Questions & Answers
1 Answer | Asked in Divorce for Louisiana on
Q: If my soon to be ex husband refuses to sign final papers what happens?

Ive been waiting for literally weeks... he was court ordered to pay filing fees, and than refused so i paid and now he absolutely refuses to sign.

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Mar 21, 2019

You don't need both parties signatures to get a divorce.

2 Answers | Asked in Divorce and Family Law for Louisiana on
Q: Do I have to pay a certain percent of my son's private school tuition? My ex says by law I have to pay 60%
Douglas Lee Bryan
Douglas Lee Bryan
answered on Mar 21, 2019

Private school can be included in in the child support calculations, depending upon the circumstances. If the parties disagree, the judge will make that determination.

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1 Answer | Asked in Divorce for Louisiana on
Q: Can my principal make me work and after school running program. Can I legally say no?
Douglas Lee Bryan
Douglas Lee Bryan
answered on Mar 20, 2019

You and your parents should discuss this issue with an attorney for an accurate answer. The facts you've provided doesn't give enough information to adequately answer your question. The easy answer is that you can refuse his request. The question mark is what consequences, if any, may... View More

1 Answer | Asked in Divorce for Louisiana on
Q: I have been served with divorce papers by a spouse who lived apart from me for 180 days....no children. His paper work s

it was voluntary on both parts....not true. We had a prenup...nothing to divide. If I do nothing and he wins by default do I get stuck for any fees?

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Mar 20, 2019

Was the prenup to protect you or him?

Spousal support may still be available.

Always dangerous to not have a lawyer.

His getting a default judgment costs you nothing but 1/2 the attorney fees are your problem, unless your attorney negotiates otherwise.

1 Answer | Asked in Civil Rights, Social Security, Divorce and Family Law for Louisiana on
Q: Which parent will receive disability benefits for the minor children?

If the non custodial parent receives disability and the children get benefits from the disabled parents benefits, which parent receives the children’s benefits each month?

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

The custodial parent receives the children's benefits as long as a copy of the Custody Judgment has been sent to the agency.

1 Answer | Asked in Divorce for Louisiana on
Q: If i have been separated for 8 years from my husband. We no longer live together. Would I be entitled to anything?

I still visit him on weekends to try and reconcile. We have two sons together. I want to be divorced but would like to know if I would be entitled to anything.

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Mar 11, 2019

You are entitled to half of all property acquired during your marriage, if no one has filed for divorce. You are also responsible for any debts incurred during your marriage.

1 Answer | Asked in Divorce for Louisiana on
Q: What parish should I file for divorce in?

I live in Baton Rouge and my ex lives in ascension parish. The only proof of residence I have is an ascension voter registration card. Where should I file for divorce? I cannot get a Louisiana DL

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

Go get a Baton Rouge driver's license and file there.

1 Answer | Asked in Divorce for Louisiana on
Q: If my wife had our house before we were married, after 18 years how would this be handled

My wife has battled breast cancer twice during our marriage and will not be able to return to work due to the affects of the cancer treatment and is currently awaiting on disability benefits to be revealed. I would like to know if I'm entitled to half of everything I have worked and helped pay... View More

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Feb 18, 2019

First, if you have not been unfaithful, then you both need to go to marital counseling.

Second, if she had the house before you were married, then it is her separate property.

Third, if you divorce, you are entitled to a reimbursement claim for mortgage payments during the marriage....
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2 Answers | Asked in Divorce for Louisiana on
Q: I am trying to get a divorce from my husband we have no kids are nothing together he had raped me

the last time I knew he was in the Springhill area i have not talked to him since he left me

Douglas Lee Bryan
Douglas Lee Bryan
answered on Feb 8, 2019

You can get a divorce even if you aren't sure of his current address. It's always best to attempt to locate an address for him, however. If you don't know where he is, the process takes longer and is more costly. Feel free to give me a call and I'll be happy to discuss the... View More

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1 Answer | Asked in Divorce for Louisiana on
Q: Married 2 yrs 9mths. Wife 52 and disabled. Will I have to pay support for life?

My wife and I have been married for 2 years and 9 months. My wife was on disability SSI due to financial need (not SSDI base on her work history). Once we got married her SSI disability benefits were taken away. She is 52 years old and filed for divorce. We do not have any children. I have... View More

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Feb 3, 2019

Due to the brevity of the marriage, your divorce attorney should be able to successfully argue that spousal support should not last longer than the marriage, i.e. 12 mos of interim and no more than 21 mos of periodic.

1 Answer | Asked in Divorce for Louisiana on
Q: How do I file for divorce due to abandonment?

I’ve got the petition for divorce pursuant to LA C.C. ART. 103, but it doesn’t give me the option to file abandonment. I’ve been left with my daughter and her two kids and this has been going on for 7-8 months

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Jan 29, 2019

There is no divorce on grounds of abandonment. 5he grounds available to you are:

6 months separation,

Physical abuse,

Adultery,

Conviction of a felony.

Your attorney can however file for spousal support.

1 Answer | Asked in Divorce for Louisiana on
Q: What forms would my boyfriend need to fill out to file for an uncontested divorce in Louisiana?

We went to the court house and they sent us to the law library to get a packet but they said we only fill out the ones that protane to his case and we are unsure which ones. They have been sperated and living separately for over one year.

Douglas Lee Bryan
Douglas Lee Bryan
answered on Jan 28, 2019

I suggest hiring an attorney to handle his divorce to ensure that it is done correctly. If a divorce is not done correctly, the parties may end up still legally married. Many attorneys do not charge much for an uncontested divorce, especially one without children. Feel free to contact me to... View More

1 Answer | Asked in Divorce and Family Law for Louisiana on
Q: Good morning, my husband was remarried without divorcing me. How can I pursue a lawsuit?
Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Jan 16, 2019

File 4 divorce & partition & talk 2 the District attorney.

1 Answer | Asked in Divorce for Louisiana on
Q: Does a co owner of a property have to allow repairs to a home if he did not cause the damages?

He was separated and wife is deducting repairs as part of a settlement.

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

He needs to discuss the damages and circumstances with his divorce attorney. More details are needed.

2 Answers | Asked in Divorce for Louisiana on
Q: Hello, My son, Anthony, got married in Fairbanks, AK, which is where he is stationed in the Army, married on 08-02-18

he did not marry on base and therefore would need to be divorced outside of the military base. He is a resident of LA.

The young lady he married came to visit him twice in Fairbanks but she never moved over with him. Well, the last visit the 2 of them decided that the relationship was not... View More

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

If neither party in LA now, it would probably be easiest for him to get divorced in AK.

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1 Answer | Asked in Divorce for Louisiana on
Q: Would I have to pay alimony if my wife is living with another man in another state?

She and I have been separated since the last part of September 2018. She just left and has moved in with a man in Washington state. I am waiting for the six months so I can file for the divorce.

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Jan 8, 2019

First hire a licensed private investigator in Washington State to document that she is cohabitating. Then hire a divorce attorney here.

1 Answer | Asked in Divorce for Louisiana on
Q: Is a spouse responsible for repairs on his property/

He did not cause the damages

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Jan 8, 2019

You did not provide enough details to answer the question.

2 Answers | Asked in Divorce for Louisiana on
Q: If I get a legal separation from my husband, will I still be responsible for the bills he makes?
Douglas Lee Bryan
Douglas Lee Bryan
answered on Jan 7, 2019

There's no such thing as a "legal separation" in Louisiana anymore. Assuming you don't have a prenuptual (premarital) agreement, the two of you still have a community of assets and debt whether you are living together or not, and you are both potentially liable for any debt the... View More

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3 Answers | Asked in Divorce, Family Law and Child Custody for Louisiana on
Q: Is there a law in Louisiana that someone has to date 6 months and meet the child’s father before he can meet my children
Mr. James Zitzmann
Mr. James Zitzmann
answered on Dec 31, 2018

There is no law, but it might be in a consent judgment or other judgment regarding child custody.

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1 Answer | Asked in Divorce for Louisiana on
Q: I am still legally married,but I have been separated from my husband for two years so can i get a pro bono divorce ASAP?

I had my child for another man while i am still married even though me and my husband are separated so I wanted to ask who is legally responsible for doing for my child?

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Dec 16, 2018

A pro bono lawyer can't handle every thing you need done. So get either your husband or the baby's daddy to help you hire a lawyer to:

1) file a Petition for Divorce,

2) file a 3 Way Acknowledged Act of Paternity or Petition to Disavow.

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