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Louisiana Divorce Questions & Answers
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... View 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... View 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... View 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... View 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...
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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... View 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... View 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.

2 Answers | Asked in Divorce for Louisiana on
Q: Got a divorce in 2014. Home was awarded to ex wife, it is in my name only. How can I get it out of my name?

She doesn't pay it on time and it is ruining my credit.

Douglas Lee Bryan
Douglas Lee Bryan
answered on Dec 1, 2021

It sounds as if she was given use of the home, but the property has not yet been split, or partitioned. You should consult with an attorney who handles divorce or property law to discuss filing to partition the community property.

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1 Answer | Asked in Divorce for Louisiana on
Q: What is the fee for an uncontested divorce in Missouri?
Mr. James Zitzmann
Mr. James Zitzmann
answered on Nov 19, 2021

You're in the wrong section. This section is for Louisiana clients.

1 Answer | Asked in Banking, Business Law, Civil Litigation and Divorce for Louisiana on
Q: Divorced 2018.Owned small business with spouse. Signed rights to small business over to spouse. I was removed from LLC

LLC pays the note for the SBA loan. I'm still a guarantor on the loan. Bank won't release me. Ex says she can't get refinanced. I tried to refinance my house and was denied because of being a guarantor on loan. How do I get out of being a guarantor on the loan? Filed a motion for... View More

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

Your partition should have:

1) Given her the LLC,

2) stated she had 30/60/90 days to refinance SBA mortgage.

If it does, then hurry and hire a lawyer to OBJECT to the HOC. If it does not, then hire a lawyer to file a 2d Petition to Partition for Omitted Liability.

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