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Louisiana Divorce Questions & Answers
1 Answer | Asked in Criminal Law, Divorce and Family Law for Louisiana on
Q: If my wife commits bigamy, (me being the second husband) is there anything I need to do to dissolve the marriage?
Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Mar 12, 2021

You need to hire an attorney and can be one of the very very few who can obtain an annulment.

1 Answer | Asked in Divorce, Child Custody and Child Support for Louisiana on
Q: How do I get abandonment charges on my husband he made me loose my home and I have 2 minor kids and a granddaughter

He has my only vehicle does not pay child support lived and supports his girlfriend kids and she is pregnant for him while he leaves my kids on the side line

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Mar 8, 2021

Abandonment is not cause for divorce. But adultery is. Hire a divorce lawyer.

1 Answer | Asked in Divorce for Louisiana on
Q: Is it legal for me to place a GPS tracker on a vehicle that I am letting my Wife use until she can get her own vehicle?

My Wife and I are separated. The vehicles title, that I received as a gift from my parents, has only my name on the Title.

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Mar 5, 2021

Actually no that is a felony if you track her without written permission

1 Answer | Asked in Divorce and Family Law for Louisiana on
Q: Married 2009 and have 2 kids together. Purchased new mobile home last year; can he evict the kids and I? He never lived

He never moved with us after I found out he was cheating. We have bond for deed property and making monthly payments. It's considered his separate property bc I didn't think anything when I signed off on it and I knew my credit would be no where on the mobile home when purchased so I... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Feb 9, 2021

It is still community property unless you signed a Declaration that it is not. You can get use of community property, but not separate property.

1 Answer | Asked in Divorce for Louisiana on
Q: Can i ask for the house and contents in house during divorce even if my name is not on it

Because of infordelelity and other findings

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Feb 7, 2021

If the house was purchased by your spouse before you were married, then its not yours to get. However you can get reimbursed for 1/2 the house payments while you were married.

You can ask for 1/2 of any contents purchased during the marriage.

There may be other property to which...
Read more »

1 Answer | Asked in Divorce for Louisiana on
Q: In divorce, is a child between us with an established legal custody and support order from before “of the marriage”?
Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Jan 31, 2021

I think you are trying to say you had a child before you were married and had an established custody and support order. Later you got married and are now getting divorced. Are you asking if the custody and support order from before the marriage goes back into effect? The answer is no. Your... Read more »

1 Answer | Asked in Divorce for Louisiana on
Q: My husband owned land prior to marriage, sold it and bought land in both our names. Do I come into 1/2 upon a divorce?
Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Jan 28, 2021

If NO additional funds were needed to buy the second piece of land, then yes you own half, but he has a reimbursement claim for 100% of your half. IF additional funds WERE needed, then you own half, and his reimbursement claim is limited to 1/2 of what he contributed from the sale of his previous... Read more »

1 Answer | Asked in Divorce for Louisiana on
Q: We have no minor kids, in our divorce could wife be awarded use of home. she not worked in 25 years
Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Jan 25, 2021

She can be awarded use of the home pending partition of community property.

1 Answer | Asked in Divorce for Louisiana on
Q: On court fines stated for civil on fta do the court arrest . do you need a lawyer ?

Also i believe they may a criminal warrant from other area do i need a lawyer ?

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Jan 25, 2021

Yes you need a crininal attorney to recall the attachments so that you don't end up in jail when you get a speeding ticket.

1 Answer | Asked in Divorce for Louisiana on
Q: Is it possible for the judge to make visitation mandatory for my kids dad and require him to spend time with them?

My husband works off and has not spent a holiday with our kids in 5 years. He sees them maybe 30 minutes every 3 or 4 months. 5 years ago he came in and said he was filing for a divorce but never did and we have been living separately every since. He is now filing divorce. Is it possible for the... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Jan 18, 2021

Can make support mandatory but not visitation.

1 Answer | Asked in Child Custody, Child Support and Divorce for Louisiana on
Q: How long will a divorce last? I have printed the form at East Baton Rouge court website. Any tips?
Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Jan 15, 2021

May be 180 or 365 days. Contact lawyer

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Louisiana on
Q: If my ex wife's case was abandoned under the c.c.p. art. 3954 is the entire case dismissed?

My ex wife filed for divorce in 2018 but was denied because she filed the wrong divorce, however I was ordered to pay child support and spousal support. At the time I didn't know the divorce was denied because I was ordered to pay the judgement.

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Jan 15, 2021

Consult with a divorce attorney because you don't give enough information.

3 Answers | Asked in Child Custody, Child Support and Divorce for Louisiana on
Q: I need to know the divorce process in Louisiana.

My spouse was caught cheating, though we gave it another shot. He is showing signs of cheating again, and will not allow me access to his phone any further. Would the court be able to pull his phone record so I can have a fault divorce. I believe it will speed up the process.

Mr. James Zitzmann
Mr. James Zitzmann
answered on Jan 14, 2021

Having a adultery, fault based divorce actually will slow down the process significantly. And it is much more difficult than a no fault divorce. You should probably pursue a no fault divorce; you can receive all of the relief you need through the regular process as well.

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1 Answer | Asked in Child Custody, Child Support and Divorce for Louisiana on
Q: IFP PAPERS IN CHILD CUSTODY SUIT

I filed for child custody and child support along with IFP papers and was approved. After that Initial filing I had to retain an attorney and he then filed a divorce suit and a motion to consolidate the two. However he’s also charged me with the filing fees throughout the process snd I’m not... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Jan 12, 2021

Clerk will not issue a refund. But if you gave your lawyer a COPY, he should eat the filing fees.

2 Answers | Asked in Divorce for Louisiana on
Q: My husband divorced me while I was incarcerated, we have not done a property settlement yet but he is selling assets

is this legal?

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Jan 8, 2021

You need to hire an attorney to file for Partition of Community Property and a Restraining Order against alienation.

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1 Answer | Asked in Divorce, Family Law and Real Estate Law for Louisiana on
Q: Do I need to get an attorney to get my name off house I have with my ex husband? He refuses to refinance in his name.
Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Dec 25, 2020

Yes, you need a community property lawyer.

1 Answer | Asked in Divorce for Louisiana on
Q: Going through a divorce and I pawned some jewelry. My wife took my Pawn receipt and picked the jewelry up. What now?

She stole the ticket from my truck. We are separated and not living together

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Dec 22, 2020

Whose jewelry was it? This will determine the answer on whether it was community or separate property, and hence whether the pawn ticket was community or separate property.

2 Answers | Asked in Divorce for Louisiana on
Q: While sep from my wife she had two other children from different fathers. Why are they listed as mine on paperwork?
Douglas Lee Bryan
Douglas Lee Bryan
answered on Dec 10, 2020

If she gave birth to the children while married to you, you are presumed by law to be the father. If this is the case, you should consult with an attorney to discuss how to disavow paternity of the children. Otherwise, you could be legally responsible for paying child support for them.

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1 Answer | Asked in Divorce and Real Estate Law for Louisiana on
Q: AM I entitled to profits from my husband company he started with money from a settlement he received after we married?

My husband received money while we were married from a personal injury lawsuit he had before we were married. He started a trucking company and titled everything under his name. I was told that since he started the company using personal injury money I was not entitled to anything because he used... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Dec 2, 2020

Personal injury pain and suffering and lost wages money from an accident before you were married is his separate property, and anything he buys with it is his separate property. Hire a community property lawyer immediately.

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Louisiana on
Q: How do arrears from previous relationship's child affect our current divorce and custody battle of our child?

My husband is $10K behind on his son from a previous relationship. I am looking to see how this will affect the out come of how much custody he receives of our son we have together and the current divorce.

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Nov 20, 2020

Unfortunately, your child suppoet is in line behind his previous child support order. But it does not affect custody of yiur child.

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