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Louisiana Divorce Questions & Answers
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

1 Answer | Asked in Divorce and Family Law for Louisiana on
Q: Do i need to attend personally to a court hearing or can my lawyer represent me

if i move overseas

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

If you have a lawyer, then please ask this to your lawyer----your lawyer is in the best position to know and answer your question. There are different ways of obtaining a divorce depending on each person's situation and some of them would require you to be present in court; others do not.... View More

1 Answer | Asked in Divorce and Military Law for Louisiana on
Q: How can I formulate how much my ex spouse will receive of my military retirement? Filed in Louisiana.

I served for 20 years, but we were only married for the last three years of my service. I'm trying to compute what amount of my retirement he is entitled to and also if he's entitled to my disability.

James L. Arrasmith
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answered on Mar 15, 2023

In Louisiana, the court uses a formula to determine the portion of military retirement pay that a former spouse may receive. The formula is known as the "Time Rule Formula" and takes into account the length of time the couple was married during the service member's military career... View More

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Louisiana on
Q: my husband has filed for a no fault divorce while he was cheating on me throughout n was involved in adultery n voilance

i have minor child i want to know what are my legal rights

Randy Bryan Ligh
Randy Bryan Ligh
answered on Feb 23, 2023

To best protect your rights, you will need to have a lawyer in the legal proceedings. As such, you should really begin meeting and consulting with a family law attorney(s) in your area so you can hire the one with whom you are most comfortable. There are many issues involved, including but not... View More

1 Answer | Asked in Divorce for Louisiana on
Q: I have questions about divorce
Randy Bryan Ligh
Randy Bryan Ligh
answered on Feb 17, 2023

Please use the Justia Find a Lawyer tab and search for divorce or domestic lawyers in and around the parish you reside---call a few--some of them may provide you a free 15 or 30 minute consult for you to ask the questions you have. If you are comfortable with one of the attorneys you consult, then... View More

1 Answer | Asked in Child Custody, Child Support, Divorce, Family Law and Domestic Violence for Louisiana on
Q: How can I get a lawyer to takea case pro bono? Legal Services where I live says they don't have the resources

Child custody and divorce and there is domestic violence involved on my husband against me. He has a very good attorney and I can't afford one. He refuses to pay child support and I don't have a vehicle to get to a job so I'm struggling. Also, he is trying to get domestic charge... View More

Douglas Lee Bryan
Douglas Lee Bryan
answered on Feb 3, 2023

I'm sorry to hear of the problems you're having. You may be able to find assistance through this website: https://www.lsba.org/public/findlegalhelp/. I would also suggest contacting your local battered women's shelter and/or your parish's District Attorney's Office to... View More

1 Answer | Asked in Family Law and Divorce for Louisiana on
Q: In Louisiana do you have to be living in separate houses before you can file for divorce?

Divorce reason is irreconcilable differences uncontested. Children are over 18

Randy Bryan Ligh
Randy Bryan Ligh
answered on Dec 21, 2022

No---because there may be issues/incidental matters involving the breakup of the marriage you do not have to live separate and apart before filing divorce, however, the time period required for living separate and apart for an uncontested divorce (180 days of living separate and apart if all... View More

1 Answer | Asked in Divorce and Family Law for Louisiana on
Q: I am from Louisiana. If I buy a house and leave my spouse off the mortgage and title..would my spouse get half of it?

In a divorce?

Claire Edwards
Claire Edwards
answered on Nov 11, 2022

You need to talk in depth with your realtor, your mortgage broker, and your title attorney. They are fully capable of getting you the outcome you desire. A family law attorney can help illustrate the possible outcomes.

As a short-and-dirty answer to this question: "I'm married...
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1 Answer | Asked in Divorce for Louisiana on
Q: If a "Citat for Petit" was served for divor & its uncont how do I move forward to let them know i agree? file a paper?

We agreed on divorce & he filed petition. I recvd the Citation of petition today, it states I have to either comply with demand in petition or make an appear. by filing an answer or pleading. if I am not contesting how do I let them know? do I file some paper or call? or just not respond at all... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Nov 8, 2022

If you were properly served and do nothing, then the other side can go to Court and seek the relief it seeks in the Petition. If the Petition sought decisions/rulings of incidental matters and/or issues other a divorce, then you could be adversely affected. Thus, my recommendation to you is that... View More

1 Answer | Asked in Divorce and Family Law for Louisiana on
Q: Upon retiring and no longer having an income am I required to file in court to stop spousal support?

Louisiana Civil Code 112 states...The sum awarded under this Article shall not exceed one-third of the obligor's net income. If I no longer have an income because of retirement and my Ex is aware there is no longer an income, am I required to file in court to stop spousal support or can we... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Sep 12, 2022

Inferring from your post, I assume you are talking about permanent spousal support? Regardless of whether it's permanent or temporary, I suspect that there is an Order in placing which details this obligation. That said, I highly recommend that you consult with a family law attorney to... View More

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