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Louisiana Divorce Questions & Answers
1 Answer | Asked in Child Support, Divorce, Family Law and Insurance Bad Faith for Louisiana on
Q: is it legal for my ex to keep the money he claimed with my name for me from a “pain and suffering lawsuit” ?

while we were married my ex got his by a company van and his lawyer told him that him, me, and each of our kids would get paid for pain and suffering. we have since divorced. he kept my part of the money for himself.

James L. Arrasmith
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answered on Jan 10, 2025

This situation involves your legal right to compensation that was specifically designated for you in a lawsuit settlement. If your name was used to claim money intended as your personal compensation for pain and suffering, your ex-spouse likely does not have the legal right to keep those funds.... View More

1 Answer | Asked in Divorce, Family Law and Child Custody for Louisiana on
Q: Going through a same-sex divorce. A minor child is involved. Both of us are on her birth certificate.

What are my legal rights as the parent on her birth certificate but, I did not birth her. My ex birthed her.

Marco Caviglia
Marco Caviglia
answered on Jan 9, 2025

If you legally adopted the child as a parent, then your rights are the same as any other parent and you may pursue your remedies in Supreme or Family Court depending upon the issues involved.

1 Answer | Asked in Bankruptcy, Divorce and Family Law for Louisiana on
Q: I live here in Louisiana. I would like to file divorce with my husband bec he is a gambler and we have so much in debt.

He borrowed money to pay for his gambling and I can no longer keep up with the monthly payments. Now he want to sell the house in order to pay his loan. I don’t want anything to do with him anymore. It is stressing me out and he is pressuring me to sell the house. I feel threatened what he might... View More

James L. Arrasmith
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answered on Oct 5, 2024

I'm really sorry you're going through this difficult time. It’s important to reach out to a local attorney who can guide you through the divorce process in Louisiana and help protect your interests regarding the house and debts.

You have rights when it comes to property and...
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1 Answer | Asked in Divorce, Child Custody, Civil Rights and Communications Law for Louisiana on
Q: Do I have to inform my ex husband I am recording our conversation while we talk about the divorce in a public park?
James L. Arrasmith
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answered on Sep 16, 2024

When recording a conversation with your ex-husband in a public park, the rules depend on the laws of your state or country. Some places require the consent of both parties for recording conversations, while others only need the consent of one person involved in the conversation. This is known as... View More

1 Answer | Asked in Divorce for Louisiana on
Q: If I obtain a home loan in my name with my name on the deed, will my husband be entitled to it during a divorce?

N/a

Randy Bryan Ligh
Randy Bryan Ligh
answered on Sep 12, 2024

More information is needed on this. Is the property community or separate? If it is community, then between you and your husband, each of you own the property and each of you are respomsible for the debt/loan (assuming the loan was obtained during the marriage). I recommend that you consult with... View More

1 Answer | Asked in Divorce, Child Custody and Child Support for Louisiana on
Q: I been married 7 years and I been having a feeling he was cheating. I finally have proof. What steps do I take

He's always worked and I stayed home. He refused to help me with anything including our 2 kids

Douglas Lee Bryan
Douglas Lee Bryan
answered on Sep 11, 2024

You should consult with an attorney who handles divorce and family law matters. He/she can explain your rights and options to you regarding getting an immediate divorce on the grounds of adultery, as well as child support and spousal support. Good luck.

1 Answer | Asked in Divorce for Louisiana on
Q: I need a free divorce

I want a free pro bono divorce my husband has put me in jail due to texting about seeing my kids I have been separated from him for a year

Randy Bryan Ligh
Randy Bryan Ligh
answered on Mar 8, 2024

Contact the local bar association, state bar association and/or legal aid to determine the process and if you quality for a lawyer to assist and/or handle your divorce on a pro bono basis.

1 Answer | Asked in Divorce and Family Law for Louisiana on
Q: My soon to be ex-husband and I signed a paper and get it notarized that he will pay off a loan and he quit paying on it.

What can I do about it?

T. Augustus Claus
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answered on Nov 10, 2023

If you decide to file a lawsuit, you will need to prove that the agreement is valid and that your ex-husband has breached the agreement. You can do this by providing the court with a copy of the agreement and any other relevant evidence, such as emails or text messages that show that he agreed to... View More

1 Answer | Asked in Divorce for Louisiana on
Q: Is it always a 50/50 split in the division of community property/business assets in Louisiana during divorce?

What if a spouse founded and ran a successful business enterprise and another spouse did not contribute to the success of this entity?

T. Augustus Claus
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answered on Nov 8, 2023

All property acquired during the marriage is considered community property and is generally divided evenly between the spouses in the event of a divorce. This includes business assets unless one spouse proves the business is separate property.

1 Answer | Asked in Divorce for Louisiana on
Q: In Louisiana divorce, does living in a separate structure on the same property constitute "living separately and apart"?

To make it possible to divorce, can either myself or my spouse live in a separate structure on the same property, or are we required to maintain separate physical addresses?

Douglas Lee Bryan
Douglas Lee Bryan
answered on Oct 21, 2023

Yes, living under a different roof on the same property can constitute living separate and apart.

1 Answer | Asked in Divorce for Louisiana on
Q: My ex-lawyer fell to submit to the court SWORN DETAILED DESCRIPTIVE LIST (back in 2014). What I spouse to do now?
Randy Bryan Ligh
Randy Bryan Ligh
answered on Sep 5, 2023

Not enough information is presented here being that you are discuss a failure which occurred in 2014 (9 years ago) and you are asking what you can do no in 2023. I would suggest that you contact a community property lawyer or 2 in your area and sit down with said lawyer and seek answers to the... View More

1 Answer | Asked in Divorce for Louisiana on
Q: I recently separated from my marital home bc my spouse allowed his 28 year old son who is using illegal drugs to move in

I am in need of financial support but I don’t want to begin a divorce proceeding yet bc in 9 mths I been married 10 years. And 10 yrs is required to be able to receive social security benefits once I’m 62. This is important to me as my spouse hasn’t set aside any retirement & I am 49... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Aug 27, 2023

I applaud you for seeking information in advance---but you have specific questions which in this case yoou should seek a conult or 2 with family law attorneys in your parish ---discuss the specifics of your matter and then decide on the best route to take to maximize the chances of protcting... View More

1 Answer | Asked in Divorce and Family Law for Louisiana on
Q: Divorce article 103 - Adultery - Louisiana

My wife committed adultery and birthed a child to another man. She never denied the adultery and a DNA test was done and the other man came back as 99.999999% certainty as father. The necessary paperwork regarding the paternity was done and sent to the State. Me and my wife do have a minor child... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Aug 8, 2023

You can---but my suggestion is that you speak to a family law attorney in your area and discuss the pro and cons of filing a 103 divorce via adultery and the potential impacts this will have on incidental matters----there may not be any impacts but at least have a consult about this because you... View More

1 Answer | Asked in Divorce and Real Estate Law for Louisiana on
Q: If one party fully transfer ownership to the other party can they sell the property? .

Ex-husband acquired property before we were married. We terminate our community property and enter into a regime of separation of property before a lawyer and signed paperwork.. Ex-Husband signed and agreed to bargain, convey, sell, waive, and deliver property in full ownership to me. The home... View More

Anthony M. Avery
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answered on Aug 2, 2023

Did he execute a Deed of his interest to you? If not, he still owns an interest, which could possibly be mortgaged or executed upon.

1 Answer | Asked in Divorce and Family Law for Louisiana on
Q: My wife and I were divorced 15 years ago, but we never did the property division. She now wants to do that.

When she left, we had a mortgage with very little equity built up in the house. The house is titled in both of our names. Since the divorce I have paid the house off. I have also paid for the insurance, repairs, maintenance, and taxes. I have meticulous records of all I have paid on the house since... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jul 5, 2023

You need legal counsel to make sure your rights are protected and as such I recommend that you contact some community property lawyers in your area, set up consults and then sit down with them and specifically discuss your situation-----while the basic rule is 1/2 and 1/2, there are also... View More

1 Answer | Asked in Divorce and Family Law for Louisiana on
Q: If I sign an intervenor agreement for spouse to purchase a new home, and I still entitled to half of equity?
Randy Bryan Ligh
Randy Bryan Ligh
answered on Jun 12, 2023

It will depend on what you are signing so we would have to see and review the proposed document in order to provide you with specific advice. That said, usually when you sign an intervenor agreement as you describe, it means you are acknowledding that the home is being purchased by your spouse... View More

1 Answer | Asked in Divorce and Family Law for Louisiana on
Q: Can i legally leave my husband and not support him if he is emotionally abusive, doesnt help me financially
Randy Bryan Ligh
Randy Bryan Ligh
answered on May 31, 2023

I am sorry about your situation. In response to your post, more information is needed and I suggest that you contact a famliy law attorney or 2 and consult with them---a general consult--that way yoou can provide specific information and and learn of your rights if you decide to leave your husband... View More

1 Answer | Asked in Divorce for Louisiana on
Q: Can my spouse sign an agreement that I will get the entire house and any value there-in, in the event of a separation?

We aren't sure if we are going to get divorced, but we want to make sure each other feel safe in this time of unknowns.

Randy Bryan Ligh
Randy Bryan Ligh
answered on May 31, 2023

You or both of you certainly can do that----but before doing so, I would contact a famliy law attorney or 2 and consult with them---a general consult---and learn of your rights if you do get divorced and what can or should be done. Some family law attorneys will charge you for an initial consult... View More

1 Answer | Asked in Divorce and Family Law for Louisiana on
Q: How do you get a divorce with property involved
Randy Bryan Ligh
Randy Bryan Ligh
answered on May 16, 2023

Divorce and property (marital/community) are two different things. You can get divorce without resolving your property issues at the same time. Since oyu have property, I would recommend that you contact a family/divorce attorney and have a consult---or contact a few attorneys and have a few... View More

1 Answer | Asked in Divorce and Family Law for Louisiana on
Q: Is there a lawyer that will type up the documents for a divorce if we agree on everything so I can submit them?
Randy Bryan Ligh
Randy Bryan Ligh
answered on May 5, 2023

I am unclear as to exactly what you are seeking however because there are potential incidental matters to a divorce, which could include, child custody, child support, spousal support (permanent and temporary), & community property to name a few, I would highly recommend that you contact a... View More

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