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Louisiana Divorce Questions & Answers
1 Answer | Asked in Child Support and Divorce for Louisiana on
Q: Can you be on child support taking off and put back on in Louisiana

I was on child support my child’s mother took me off after we got married I filed for divorce now she is trying to put me back on

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Mar 24, 2022

Yes she can put you back on. Hire a divorce lawyer.

1 Answer | Asked in Divorce, Employment Law and Family Law for Louisiana on
Q: An officer is cheating on his wife, during work hours as well. With proof are those grounds for termination?

Will that grant alimony for his wife?

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Mar 13, 2022

A private investigator's..report of adultery may result in alimony if wife 's income is low.

Cop cheating with another cop will not result in termination...but if done during work hours, might.

1 Answer | Asked in Divorce and Child Custody for Louisiana on
Q: How do I remove a preliminary injunction?

My wife filed for a temporary restraining order which was addressed on March 8th. The order of the Court was a preliminary injunction. How do I dissolute or modify this preliminary injunction

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Mar 12, 2022

If it was heard by a hearing officer then you have a deadline to file an objection to be heard by a judge. If it was heard by a judge, then yiu have a deadline to file an appeal. Hire a lawyer quickly.

2 Answers | Asked in Divorce for Louisiana on
Q: In Louisiana can you have a property settlement agreement signed prior to filing for divorce if your living separate?
Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Mar 10, 2022

No, it will not stand up. You can have a Post-Nuptial Agreement if you are still married or a Partition Consent Judgment if your divorce is final.

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2 Answers | Asked in Bankruptcy and Divorce for Louisiana on
Q: In bankruptcy (federal taxes, home & credit cards) with spouse. I’m wanting to separate/divorce. What are my options?

What are drawbacks of separating/divorce?

Timothy Denison
Timothy Denison
answered on Feb 27, 2022

None. Finish the bankruptcy, then file for divorce.

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1 Answer | Asked in Child Custody, Divorce and Family Law for Louisiana on
Q: Im 17 living in louisiana w/ divorced parents. My father is trying to force me to stay with him. can he force me?

He wants me to stay with him bc he wants my grades to be better in my online school. he’s threatening to make me live with him so he can constantly watch me do my work. i’m not failing all of my classes so idk why he’s freaking out. but he’s my domicile parent so i’m worried he can force... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Feb 23, 2022

At 18 you are an adult and can choose where to live. Until then, you cant.

2 Answers | Asked in Divorce and Civil Rights for Louisiana on
Q: Can my ex-wife's divorce attorney compel me to share all my bank statements since the divorce?

divorced 2 years ago, community property is not settled yet because my ex refuses to settle. we have no minor children.

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Feb 21, 2022

Maybe yes, maybe no. Depends on the purpose; whether it is for rental income from community property, dividends from community property, etc. Have you discussed this with your lawyer?

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2 Answers | Asked in Divorce for Louisiana on
Q: I was having a spine fusion on November the 2 nd and my wife took my kids and moved out now I’m having to buy her out

We’ve lived in separate rooms over 8 years went meet with my attorney and hers now they have me paying her $65,000 for a house she abandoned when I was at my lowest my mom who’s in her 70s had to help me through the healing process and November 9th my wife put a restraining order on me which... Read more »

Randy Bryan Ligh
Randy Bryan Ligh
answered on Feb 18, 2022

Your post indicates that you have an attorney----please set up a meeting with your attorney to discuss the concerns contained in your post---your attorney is more aware of your case and situation than anyone who is reading this post for the first time---plus, you are paying him, so get his advice... Read more »

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1 Answer | Asked in Adoption, Divorce and Family Law for Louisiana on
Q: Can a married couple still adopt together if they file divorce during adoption proceedings?

My husband and I are currently in the process of adopting, which has caused a lot of strain on our marriage. We are considering divorce, and both very much love this child and still want to adopt and have shared custody. How would it affect our adoption proceedings if we were to file divorce before... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Feb 17, 2022

Don't divorce until the adoption is final.

1 Answer | Asked in Divorce and Family Law for Louisiana on
Q: If your spouse has left and abandon his family and home, what rights do I have if we will eventually file for a divorce?
Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Feb 15, 2022

Before you or he files, you need to do several things:

1) if he makes more than you do, you need to get your hands on as many assets as you can which means emptying bank accounts and applying for credit cards while you can still claim combined family income,

2) if he makes more than...
Read more »

1 Answer | Asked in Divorce, Real Estate Law and Family Law for Louisiana on
Q: I have a commuting property with my ex wife going on three years now. She was awarded the home as I had a TRO she filed.

She has since given it to squatters and taken it off the market. We were supposed to have an escrow account made for when it sold. Because of my TRO I have not been there and the realtor says it’s in such bad shape all the time she can’t even show it. How can I prove she abandoned the home and... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Jan 31, 2022

Get the realtor to write a letter that she can't show it and get a friend to drive by and take pictures.

1 Answer | Asked in Divorce for Louisiana on
Q: How do I enforce a spousal income judgement
Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Jan 21, 2022

Are you talking about a child support or spousal support order?

1 Answer | Asked in Divorce for Louisiana on
Q: Can a spouse legally leave you homeless
Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Jan 20, 2022

Spouses have the obligation to financially support each other.

1 Answer | Asked in Divorce for Louisiana on
Q: My wife filed for a divorce I have no income going for my ssi can I get allomoney
Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Jan 13, 2022

Yes. Contacr Southeast Louisiana Legal Services.

1 Answer | Asked in Child Custody and Divorce for Louisiana on
Q: If one party check into a mental health clinic, will that affect custody?

If one parent is admitted to the hospital due to mental health/anxiety needs, will that have a negative affect on said parent? Will they appear unfit?

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Jan 11, 2022

Admission to treatment facility for mental health issue can be used by other parent to change custody.

1 Answer | Asked in Divorce and Real Estate Law for Louisiana on
Q: Hi is there a statue of time that a request for rental reimbursement in a community property case be filed in court?

I have community property case, my then attorney filed for rental reimbursement in the descriptive list but not in the petition. is there a statute time limit that it should have been requested?

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Jan 5, 2022

No statute of limitation. But it is prospective, not retroactive to date of filing for divorce.

1 Answer | Asked in Divorce, Estate Planning and Child Custody for Louisiana on
Q: Can husband take kids and car from me and move out and then say I can’t have the kids until I have a car?

Husband has taken the kids and car and now living at his moms. This leaves me and the oldest son who is not biologically his but has been raising since 2, he is now 9, with no vehicle. He said he won’t let me see the kids until I get a car. He makes more money than I do and we have always shared... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Jan 4, 2022

Find a cheaper place to live and leave. Hire a divorce lawyer and get a car.

1 Answer | Asked in Divorce and Social Security for Louisiana on
Q: If I’m a long term care giver of spouse an married 31 yrs, plus not on bank acct can he put me on the streets?

He is trying to push me out the door with no where to go. My immediate family has all past away so I can’t borrow money for a place to stay.

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Dec 17, 2021

You are probably co-owner of the house. Call Southeast Louisiana Legal Services.

1 Answer | Asked in Divorce for Louisiana on
Q: What would one file to get out of “exclusive use” on co-owned property?

I had a prenuptial agreement stating a separate property regime. I was advised “exclusive use” couldn’t be granted but it was. I thought it would only be until divorce. It’s been a year and I can’t get reimbursed.

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Dec 4, 2021

Do you have an attorney? If not, you need one. If you have one, you need new one.

1 Answer | Asked in Divorce for Louisiana on
Q: Can I sell A piece of property I’m going through a divorce other spouse has contribute no monetary means to it

Couple is separated throughout the entire process

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Dec 3, 2021

If the property was purchased hased prior to marriage, yes you can sell it any time. If it was purchased during the marriage, no you can't sell it now.

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