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Louisiana Divorce Questions & Answers
1 Answer | Asked in Divorce for Louisiana on
Q: How do I get a divorce from my spouse who is in jail for a felony charge we have been separated for almost a year

He is in Arkansas and I am in Louisiana

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Dec 15, 2018

You hire an attorney who can file on the basis of the felony conviction.

1 Answer | Asked in Divorce for Louisiana on
Q: If my wife leaves the house voluntarily what are my rights I do not want her to come back .she got an apartment
Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Dec 12, 2018

Change the locks. Hire a divorce attorney to file for exclusive use of the home.

1 Answer | Asked in Divorce, Family Law and Child Custody for Louisiana on
Q: My wife kicked me out 11/12/18. Seeing a man who sees my children more than she let's me see them. What can I do? Help!

November 12th she kicked me out. Hasn't filed for divorce yet. November 13th started seeing a man. He's constantly there. Around my children. Sleeping over. I don't know this man and she barely knows him as well. He sees them more than she let's me see them. I believe her... View More

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Dec 8, 2018

First hire a private investigator to document that she's committing adultery. Then hire an attorney to file for divorce, custody, child support and spousal support.

2 Answers | Asked in Divorce for Louisiana on
Q: Can fault play a part in Interim Spousal Support? Wife left the home & she is the one that is unhappy.

I am being told fault doesnt play a part in deciding how much interim spousal support, only longterm.

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Dec 7, 2018

Fault has nothing to do with interim spousal support. It only affects periodic spousal support.

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2 Answers | Asked in Divorce for Louisiana on
Q: My husband and I have been estranged for 18 years. I reside in Louisiana. He resides in Oklahoma. He remarried.

I'm on a fixed income. What is the cheapest way to file for divorce. No minor children. Can prove adultry.

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Dec 5, 2018

So he remarried, even though you are not divorced? That's bigamy. Why don't you ask him if he ever finalized divorce.

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1 Answer | Asked in Family Law and Divorce for Louisiana on
Q: Does the person with right of habitation have to pay insurance & taxes on the home?
Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Nov 29, 2018

"Exclusive use" only lasts until the partition of the community. The mortgage, homeowners insurance and HOA fees can be cast by the court to either party.

1 Answer | Asked in Adoption, Child Custody, Divorce and Family Law for Louisiana on
Q: My grand-d has lived with me & my husband since birth. Father filing for custody ??How is custody decided?????

We have sheltered, provided, cared and loved for the child while both parents were absent most of her 30mths of life, she refuses to go to either party , what should I do to obtain custody

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Nov 27, 2018

Hire a custody lawyer. You have no legal rights at this time.

1 Answer | Asked in Divorce for Louisiana on
Q: can my divorce be settled if my attorney resigned before final judgement?
Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Nov 26, 2018

Yes but if the two of you are representing yourselves, you run the risk of making an error which could invalidate your divorce, thereby making any subsequent marriage, bigamy. You also may agree to excessive or inadequate spousal or child support without an attorney to advise you on whether the... View More

1 Answer | Asked in Divorce for Louisiana on
Q: If we are separated for 9 years and I want to file for divorce and she wants alimony will i have to pay her.
Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Nov 22, 2018

That depends on your income, her income, your expenses and her expenses. You will need a divorce lawyer.

1 Answer | Asked in Divorce for Louisiana on
Q: How old does a child have to be to choose what parent they want to live with?
Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Nov 19, 2018

Children never get to choose which parent they live with. At age 12 their input is one of a dozen factors the court will consider.

1 Answer | Asked in Divorce for Louisiana on
Q: My wife and I separated she wants a divorce. She adopted my sons. What’s her rights as a adopted parent?

They don’t want to stay with her but my I work 14 days on and 7 days off..

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Nov 19, 2018

As an adoptive parent, her rights are the same as yours.

1 Answer | Asked in Divorce for Louisiana on
Q: Is disability backpayment part of the marital assets?

The divorce has not been filed,

The disability was filed while the couple was still living together. The party wants to hurry and file

Divorce papers before he receives his backpayment check.

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Nov 13, 2018

Why would he want to file BEFORE receiving back disability check, which would make check income for child support and spousal support purposes?

2 Answers | Asked in Divorce and Bankruptcy for Louisiana on
Q: Do I have any legal recourse to get the money from my ex for what we are paying on his mortgage?

My ex & I were divorced in 2012. At that time, we did not do any settlement of marital property. Not long after, he filed bankruptcy. He included our house as a surrender (he lived in it & was not paying). After he concluded the bankruptcy, he wanted to refinance, so I signed a paper giving... View More

Timothy Denison
Timothy Denison
answered on Nov 3, 2018

You should list that claim as an asset of you estate and let your trustee pursue your ex husband. If he got a loan mod without your signature, he may have signed your name which is a crime.

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2 Answers | Asked in Divorce for Louisiana on
Q: I cant find my husband and ive been trying to divorce him for years.

ive been trying to divorce my husband for 5 years now and every time I get ready to send him the papers he gives me different addresses and changes his number. I have 3 kids under his name and he doesn't want them nor support them. all I know is that he lives in Kansas and gets disability.

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Oct 30, 2018

It can be done by an attorney with service by long arm, a private investigator, or Curator. Shouldn't take longer than 45 days.

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2 Answers | Asked in Divorce for Louisiana on
Q: How do I file for adultery in the 32th judicial district court? Is it included in the form 103?
Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Oct 29, 2018

You need 2 independent and corroborating pieces of evidence for adultery and an attorney for a fault trial.

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2 Answers | Asked in Family Law and Divorce for Louisiana on
Q: How do you decide who will leave the home when a couple decides to separate? We do not have children together.

Does it bear any on who wants the separation? I have been told that whoever leaves the home can be accused with abandonment?

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Oct 25, 2018

We don't have abandonment in Louisiana. If the home was purchased during the marriage and there are no children, then ultimately, one of you would have to buy the other out, or the house would be sold. You have equal rights to the home until then and a judge can order one of you to leave, if... View More

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2 Answers | Asked in Divorce for Louisiana on
Q: I filed for a divorce about 2 yrs ago with the help of the self help center in Baton Rouge. I live in Lafourche parish

The judge said he couldn't sign off on the divorce because I do not live in Baton Rouge. Now im not sure what

i need to do. Do I have to start all over again and file in Lafourche parish? And how do I unfile in Baton Rouge?

Douglas Lee Bryan
Douglas Lee Bryan
answered on Oct 25, 2018

You should contact an attorney to handle the divorce for you to ensure that it's done correctly. You don't want to find out ten years from now that you're not divorced. Filing in Baton Rouge would only be proper if you or your spouse live in BR.

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2 Answers | Asked in Divorce for Louisiana on
Q: I live n Louisiana.. Need to know if I can file for divorce if the other person uses drugs and not supportive..

Didn't know if I still have to wait the 180 days to file.. Please someone answer this. I left him because of the drug use

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Oct 24, 2018

You can file for divorce without a reason. This is a no fault state. However fault will speed it up. Fault is: adultery, domestic violence or conviction of a felony...not drug use.

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2 Answers | Asked in Divorce for Louisiana on
Q: In louisiana is it legal to move a camper trailer from the marital property??
Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Oct 20, 2018

You didn't give enough detail, like who owns the land and who owns the camper. Get a consultation with a divorce attorney.

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1 Answer | Asked in Child Support, Divorce and Family Law for Louisiana on
Q: How do I file for emergency child and spousal support
Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Oct 20, 2018

An attorney can file for custody, child support, spousal support with or without divorce. There is no such thing as emergency child support.

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