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Louisiana Family Law Questions & Answers
Q: How to quickly file for divorce in Louisiana with children and no property?
I want to file for divorce in Louisiana and I would like to avoid going to court if possible. My spouse and I have children together, but we don't have any property or significant debts. Could you provide information on how to proceed with a divorce quickly and any costs involved, specifically... View More 
Randy Bryan Ligh
answered on Nov 3, 2025
answered on Nov 3, 2025
You can call and or look online with the local Bar Association and/or the Clerk of Court for the Parish you live---ask them if they have any forms for what it is you seek to do. Also, ask if they have a pro bono service for what you seek to do----that said, your post indicates that you and your... View More
Q: Is it safe to marry a non-citizen girlfriend given current deportation operations in the U.S.?
I am a U.S. citizen, and my girlfriend, who is not legally a citizen, and I are considering getting married. Given the current climate of deportation operations in America, we are concerned about whether it is safe to proceed with getting married right now. We have not consulted an immigration... View More
Stephen Arnold Black
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answered on Jul 23, 2025
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answered on Jul 23, 2025
If you’re a U.S. citizen and your girlfriend entered the country lawfully, you can sponsor her for a green card, even if she’s currently out of status. The likelihood of her being placed in removal proceedings is extremely low, unless she commits a crime such as petty larceny, DUI, or domestic... View More
Q: Considering divorce; impacts on wife's immigration process and sponsorship in Louisiana?
I am married and a sponsor for my wife and her son, although I am not the custodian of her son. My wife is not yet a citizen, but she has a social security number and is in the citizenship process, which we initiated in 2023. I am considering a divorce and want to understand how this decision will... View More
Stephen Arnold Black
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answered on Jul 7, 2025
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answered on Jul 7, 2025
Filing for divorce can significantly impact a spouse’s pending immigration case. The extent of that impact largely depends on the current stage of the process. In addition, a divorce may trigger enforcement of the Affidavit of Support you previously filed, potentially making you financially... View More
Q: Is it parental kidnapping if my husband refuses to give me his new address without custody agreement?
My husband and I aren't legally separated or divorced yet, but we have different addresses. Our two kids stay with me 4 days a week and with him 3 days a week. There is no existing custody agreement or court order. When I asked my husband for his new address, he hung up on me and ignored my... View More
Douglas Lee Bryan
answered on Jun 20, 2025
answered on Jun 20, 2025
No, it's not kidnapping because both of you have equal parental rights. If you anticipate that there may be problems developing, you may want to consider speaking with an attorney about filing a petition for the court to determine custody, so that there will be an enforceable judgment. The... View More
Q: Seeking free or low-cost lawyer for divorce and child custody case in Louisiana.
I have a divorce and child custody case with a court date on June 16, and I'm seeking assistance in finding a free or low-cost lawyer. I receive financial support through SNAP, which affects my ability to afford an attorney. What options are available for me to find legal representation?
Randy Bryan Ligh
answered on Jun 9, 2025
answered on Jun 9, 2025
Other than it being in Louisiana, you do not mention where----my suggestion is sort of the same but there are 3 telephone calls you should make---(1) the organziation which provides legal aid in the parish where this case is located; (2) the local bar association located in the parish where this... View More
Q: Is my spouse entitled to share a pending personal injury settlement from a car accident involving my kids?
I am currently married but planning to divorce. I was involved in a car accident with my kids, and we're expecting a personal injury settlement related to their injuries. Are my soon-to-be ex-spouse and I required to share this settlement?
Douglas Lee Bryan
answered on Jun 7, 2025
answered on Jun 7, 2025
Personal injury proceeds received on behalf of a child are the property of the child, not the parents, and should only be spent on behalf of the child. Generally, if the recovery is over $15,000, the law requires that the settlement be court approved, and the court orders that the funds go into a... View More
Q: How can I establish visitation rights to see my children despite my ex preventing access?
I have been paying child support, but my ex has continuously prevented me from seeing my children since 2016. There is no formal custody or visitation order in place, although I have raised this issue during child support hearings and was advised to seek a pro bono family law lawyer. Despite... View More
Randy Bryan Ligh
answered on Mar 20, 2025
answered on Mar 20, 2025
You need to file something with the Court asking the Court to set periods of visitation so that your vistiation rights become an order of the Court. If yoou are unable to hire an attorney, then contact the local bar association and see if they have a pro bono program, or if they can provide you... View More
Q: How can we dissolve a prenuptial agreement signed in Louisiana?
My husband and I want to dissolve our prenuptial agreement, which was signed in March 2009 in Louisiana. We both agree to dissolve it but cannot find the original document, and the attorney who helped us has retired. Both parties are willing to sign a specific document to dissolve the prenup. What... View More
Randy Bryan Ligh
answered on Mar 10, 2025
answered on Mar 10, 2025
Short version is that I highly recommend that you hire an attorney to prepare the paperwork to make sure it is done correctly as at some point in time in the future you do not want to have someone go back and say the agreement is void or not enforceable because it was not done correctly. If I... View More
Q: Can my ex-wife request child support after initially declining it?
I divorced my ex-wife in September 2024. During the child support hearing in August 2024, she told the court she didn't want child support, and later declined my offer, saying it wasn’t enough. She informed me she filed for child support in January 2025, even though I haven't received... View More
Randy Bryan Ligh
answered on Mar 10, 2025
answered on Mar 10, 2025
Yes, she can but she can only receive child support from the date of (new) filing. Also, the reason(s) she declined child support before may be relevant to the child support amount moving forward----my recommendation is that you at least have a sit down consult with a lawyer in your area to... View More
Q: What are my options for financial support after a 15-month marriage with no pre-nup in Louisiana?
I have been married for 15 months, staying home upon my husband's insistence, while he works. He started lying and talking to other women only 7 months into our marriage. We have no children, and everything, including my car, is in his name. There is no prenuptial agreement. I'm concerned... View More
Randy Bryan Ligh
answered on Feb 26, 2025
answered on Feb 26, 2025
Your have options but in order to obtain them you most likely will have to go to Court ----at this time, I highly recommend that you set up a consultation (or 2) with a divorce/family law lawyer in your area----sit down with them, discuss the specifics and they can tell you your options in detail.... View More
Q: Married 20 years, want to leave but fear desertion claims, no kids involved.
I have been married for almost 20 years. We own a home together and I would like to sell it and split the profit, as well as divide a few shared items. We currently live in the same home, even sharing a bedroom. I want to leave, but I'm not sure if I would forfeit everything, as in a claim of... View More
Randy Bryan Ligh
answered on Feb 20, 2025
answered on Feb 20, 2025
If you have a community property regime, which you most likely have, 1/2 of the marital assets and 1/2 of the marital debt is yours and the other half is his regardless of who is at fault in the marriage. I recommend that you contact a divorce/community property/family lawyer in your area and have... View More
Q: How can I legally arrange for my mom to temporarily care for my child in Louisiana?
I currently have half custody of my one-year-old child. I am out of town on a regular basis and would like to temporarily have my child under my mother's care while I am away, so my family can see him as well. There are no existing legal agreements about this, and I generally do not... View More
Randy Bryan Ligh
answered on Feb 17, 2025
answered on Feb 17, 2025
Legally? If you want legal, then you need to go to Court and have it signed by a Judge. I strongly recommend that you contact a lawyer in your area to discuss your options and best way to proceed here. More information is needed as to the relationship between you and the baby mama in order to do... View More
Q: What are my options for a Divorce from a spouse who committed infidelity?
Randy Bryan Ligh
answered on Feb 10, 2025
answered on Feb 10, 2025
There are various ways to obtain a judgment of divorce in Louisiana---most will select the option of having lived separate and apart for the period of time which would allow you to get divorced---depending on one's situation, 180 days or 1 year. You can also obtain a divorce based on... View More
Q: Wife is living and the husband passed away, they acquired 5 houses together can she sale the houses without a succession
the husband had a previous marriage with one son, whom have passed away. They have 2 children to their union, and 1 child passed away they adopted one son and they have about 10 grandchildren.
Randy Bryan Ligh
answered on Dec 20, 2024
answered on Dec 20, 2024
If the property is only in the name of the wife then she can sell the property without a succession. If the deceased ((his estate) is entitled to any portion of the sale proceeds then it would be settled up in a succssion. If the husband's name is on the property then a succession will have... View More
Q: If separate funds was used to purchase a home during marriage is it separate or community
Immediately upon getting married I sold my separate home, then took separate money and purchased a new home while married, my then wife did not and could not contribute she still owned a separate home. Upon sale of her home she moved into the new home i purchased. Is this still considered... View More
Randy Bryan Ligh
answered on Sep 18, 2024
answered on Sep 18, 2024
Arguments can be made that it's separate property or that it's community property. I would suggest you sit down with a community property or family law attorney to specifically discuss this and determine a strategy for what you desire and if it's practical. For example, one needs... View More
Q: My father passed in May. He was given documents to sign which was a marriage license less than a week before he died
my father had stage four lung cancer and was heavily medicated the last month of his life. I found out recently that he was not married in a ceremony of any kind but marriage license was signed and turned in less than a week before he passed away and his I’m not gonna call her wife is trying to... View More
Tim Akpinar
answered on Sep 18, 2024
answered on Sep 18, 2024
A Louisiana attorney could advise best, but your question remains open for two weeks. I'm sorry for the loss of your father. Although some questions on this forum sometimes go unanswered, you could try reposting and including "Probate" and "Estate Planning" as categories.... View More
Q: Does a mother have the right to take our kid and move from LA to SC without the fathers consent if they're not married?
My daughter and mother live with me. We're not together anymore and she isn't paying rent. My daughter goes to school here and the mother wants to up and leave to SC where her mother lives. There's no abuse or negligence on my part, she wants to move over there because her mother is... View More
Randy Bryan Ligh
answered on Aug 29, 2024
answered on Aug 29, 2024
If this is an issue and/or might become an issue, then the paperwork between you and the mother regarding custody of the child will be important. What does it say as to relocation? If there is non paperwork currently, then I would immediately contact a family law/custody lawyer in your area to... View More
Q: What are our next steps for adoption of my nephew who we have had sole custody of for a little over a year?
My husband and I have had sole custody of my nephew for a little over a year after my sister’s death. There was no father listed on the birth certificate or in his life, but attempts were made by the courts to locate the supposed father at the time custody was awarded. He never came forward and... View More
Randy Bryan Ligh
answered on Aug 12, 2024
answered on Aug 12, 2024
Here's my suggestion---it sounds like you do not have an attorney and you suggest that cost may be a fact-----I do not know if you previously consulted with an attorney, however my recommendation is that you set up an appointment with an adoption attorney for the purpose of a... View More
Q: How do you proceed with legal separation/divorce when the only thing you own together is the house
Randy Bryan Ligh
answered on Aug 5, 2024
answered on Aug 5, 2024
My recommendation is that you should consult with a lawyer to discuss your options and to determine the best way to proceed at this time---that's the best thing to do. In further answer to your question, you can either not seek determination of the commuity property at this time and simply... View More
Q: Does a finalized divorce void the communal property law in Louisiana?
Randy Bryan Ligh
answered on Jul 17, 2024
answered on Jul 17, 2024
No. Once the community property is terminated, income and debt you earn/obtain is solely yours moving forward but the already existing community property is still that. If your community property is terminated, then the community property between spouses remain just that, except that you are now... View More
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