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Louisiana Divorce Questions & Answers
1 Answer | Asked in Divorce and Estate Planning for Louisiana on
Q: Special Durable POA was issued in Texas in 2009 as a result of a divorce. What do I need to do to have it valid in LA

My ex-husband will likely not want to sign a new one as his equity is gone as a result of expenses paid by me.

The special durable POA is only to sell and manage jointly owned property after husband refused to participate in ROAD TO HOME program. Failing to act in the interest of both... View More

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Jul 26, 2020

Not enough information to answer your question. Can't tell why a durable power of attorney would result from a divorce; that's something that would usually result prior to surgery.

2 Answers | Asked in Divorce and Family Law for Louisiana on
Q: I've been married for eight years. My spouse has been drinking alot. I can't feel comfortable leaving her with our kids.

She's been in and out the hospital for drinking and other problems that go along with that. I just fear for our two kids. However biologically one of them is not mine. I fear for the safety of them and I want them out. I myself want to step away from her as well. I'm just not sure what to... View More

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

You can file for Ex Parte custody of both kids including the one that is not biologically yours.

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1 Answer | Asked in Divorce for Louisiana on
Q: what to do when real estate property) is out from country and partner does not have money to pay

that real estate was acquire during marriage...

Stephen Rue
PREMIUM
Stephen Rue
answered on Jul 16, 2020

Real property generally refers to real estate.

1 Answer | Asked in Divorce for Louisiana on
Q: When common property out of the country and the spouse does not have the cash or other assets in USA

Real Estate..

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Jul 16, 2020

You can get a judgment from the appropriate Louisiana jurisdiction and then find a lawyer in that country to get it recognized under the Hague Convention, if that country is a subscriber to the Hague Convention.

2 Answers | Asked in Divorce for Louisiana on
Q: divorce will be uncontested and we have no children together do we have to wait 6 months before filling for divorce?

We have no kids, nothing jointly in our names. She has never legally changed her last name. I have moved out and there is no chance for reconciliation.

Stephen Rue
PREMIUM
Stephen Rue
answered on Jul 16, 2020

Article 102 let’s you file immediately then edit 6 months of living separate and apart after service and you can amend to 103 divorce after living separate and apart forv6 months

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2 Answers | Asked in Divorce for Louisiana on
Q: Do both parties (Husband and Wife) have to attend Mediation? LOUISIANA
Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Jul 13, 2020

Yes, if we were not in the midst of a pandemic. Now both can attend by Zoom.

If you are talking about a Hearing Officer Conference, the answer is the same.

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2 Answers | Asked in Divorce and Family Law for Louisiana on
Q: Ex isn’t paying car payment that she got in divorce but it’s in my name.

Do I have to hire a lawyer to sue her to make her pay the payment. After a year she letting car go back because it’s in my name but in the divorce she got all rights to the car cause she wanted the car. She has mess my credit score up.

Stephen Rue
PREMIUM
Stephen Rue
answered on Jul 13, 2020

The community property judgement co trips if you have one.

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2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Louisiana on
Q: If both parents move away from the Parish in which custody arrangements were first ordered, do they relocate the case?

I currently reside in Jefferson Parish and my ex, in St. Tammany. My child told me his dad is buying a home in Metairie or New Orleans soon, so I wonder, will St. Tammany court lose jurisdiction?

Stephen Rue
PREMIUM
Stephen Rue
answered on Jul 11, 2020

To a degree it depends on the prior judgment, who is designated the primary domiciliary patent and whether the relocation was agreed to. See a lawyer.

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1 Answer | Asked in Divorce for Louisiana on
Q: How to get ex spouse death certificate to file Life insurance claim with my employer...she passed in Louisiana 2/20/20.

We got divorce in 2005...but I still had her insured.

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Jul 9, 2020

Contact the Coroners Office or Vital Records. You may need to have your marriage license, which you also get from Vital Records.

1 Answer | Asked in Divorce for Louisiana on
Q: it was 365 days since filing 102 divorce on June 1 is it true that we have to add 3 months due to COVID-19 shutdown in

Louisiana before filing for final judgement

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Jul 9, 2020

No you do not have to add three months and suspension of deadlines has now ended.

1 Answer | Asked in Divorce and Family Law for Louisiana on
Q: My attorney said I can’t be present for my spousal support hearing and I don’t know why. Can I be denied that right?

...

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Jul 9, 2020

In 27 years I have never heard of that. Is there a protective order?

1 Answer | Asked in Divorce for Louisiana on
Q: I have filed a preliminary default with the court what is the next step to have my divorce finalized?

what is the next piece of paperwork that need to be filed to the court?

Stephen Rue
PREMIUM
Stephen Rue
answered on Jun 30, 2020

Make sure you have original service, wait three days and file for Confirmed Default Judgement

1 Answer | Asked in Divorce and Social Security for Louisiana on
Q: My husband states that he will not have to pay temporary spousal support because he gets Social Security Disability

It cant be taken out by law even though he has supported me for the last 10 years...Im applying for disability. Is this true

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Jun 28, 2020

It can't be garnished but he can be ordered to pay you.

1 Answer | Asked in Divorce for Louisiana on
Q: for a divorce when does the 180 days start? from the date the person filed with the clerk or the date the judge sees the

divorce was filed march 2020. Judge hearing July 16th. When will interim spouse support end?

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Jun 12, 2020

Divorce can be finalized 180 days from date of service or waiver of service for a 102 or from date of separation for 103. Interim sppusal support ends 180 days after divorce is final.

1 Answer | Asked in Divorce for Louisiana on
Q: Been not living together since November 2019. Can I date ? Not divorced yet as we have kids .
Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Jun 10, 2020

You can file before you even separate. After filing THEN you can date. Hire a divorce lawyer then...

1 Answer | Asked in Divorce for Louisiana on
Q: We live in louisiana. My wife and I are separating

We live in louisiana. My wife and I are separating only thing she wants is the car but its in my name. How will that work

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Jun 10, 2020

You can donate your interest in the car to her AND sign the back of the title.

2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for Louisiana on
Q: My boyfriend is scared that his bm is going to put him on child support if she finds out that I’m pregnant

He has a whole baby room for his son and buys him every and anything she ask him for him if she needs diapers, food, etc he gets it. he try’s to see him as much as he can but she always turns him down. In reality she’s just bitter because they aren’t together anymore and that’s because of... View More

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

Your decision to have a child is your decision, not his and not his baby mama's. Yes she can put him on child support and so can you. If he wants custody or visitation, he can hire a custody lawyer.

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1 Answer | Asked in Divorce for Louisiana on
Q: My husband didn’t answer within time frame. My PD was denied. Husband now responds 3mths later. Wht happens now
Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on May 29, 2020

PD must have been denied for a reaaon. Now it has to be are for trial.

1 Answer | Asked in Divorce for Louisiana on
Q: Married in 1996, left 1998 in Harris County, TX. Have not seen husband in 24yrs. I don't know where he is. I live in LA.

I want a divorce. May already be but I don't know.

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

Hire a divorce attorney who can get a Curator appointed to get you divorced.

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Louisiana on
Q: Do u still have to have a hearing if you filed a motion of default?

My attorney filed a motion of default and I still had to attend the hearing for custody, alimony and division of some assests..I wasnt properly represented and he ended up not paying alimony , getting his visitation with the child unsupervised and the home which I initially purchased when we got... View More

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on May 18, 2020

So your attorney filed a Preliminary Default and at the Prima Facia hearing got clobbered. Hire a new lawyer. But yes, there had to be a Prima Facia Hearing to confirm the default.

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