Louisiana Divorce Legal Questions

Strictly speaking, you cannot force your husband to sign the divorce papers. If he won't sign the decree or the waiver of citation, please make sure to have him properly served through the district clerk's office. You may use a private process server to serve him at his home or at work. If he doesn't respond to the divorce within thirty (30) days of service, you will be able to obtain what is known as a default divorce. There are some steps you need to take to do this properly, however, so I strongly recommend you contact a local divorce attorney for a consultation as soon as possible.... Read More

I am hesitant to give you advise because you currently have an attorney. You are free to terminate your attorney and hire a new one or represent yourself at anytime. If you choose to fire your attorney and would like to discuss this matter further, please have your sister call us at 504-342-4221.... Read More

The easiest thing to do is to file a simple divorce based on (at least one party) voluntarily living apart from the other for 6 months (with no minor children) or 1 year (with minor children). He can be served in prison, and if there is no answer, a default judgment can be taken. No one has to go to court.... Read More

Since you donated it after the marriage, the marital regime is not even important. She owns an undivided interest in what ever portion you gave her of the property as a co-owner. You cannot get the property back, assuming it was a valid donation. However, you can demand partition if you do not want to co-own with her any longer.... Read More

Hello, If you have proof of adultery, then you may be able to file under article 103(2) for a quick divorce.  There will likely be a "fault" hearing where you can present your evidence of adultery.  If you win, you may be granted spousal support.  However...if you file under article 102, you may be entitled to interim spousal support which is generally more money.  Under either analysis, the proof you have will be essential. As to the property, there is simply too much information necessary to answer it here.  If you live in the New Orleans or St. Tammany area, call The Civil Law Center at 504-342-4221 and speak with an attorney.... Read More

Hello, Generally speaking, I dont believe your facts (as stated) would rise to an annulment based on fraud.  Grounds for divorce...absolutely (although in Louisiana you no longer need "grounds" for a divorce).  Fault?  Maybe.  Fault is important when it comes to asking for spousal support. However, let me remind you that every jurisdiction is different and every judge unique.  One judge may grant the annulment while another would not.  It simply depends on too many variables to answer cleanly here. If you live in the New Orleans area and would like to set up a consultation, call The Civil Law Center, LLC at 504-342-4221.  ... Read More

Hello, You will need to file a Motion for Contempt for his failure to pay court ordered spousal support (assuming spousal support is actually court ordered that is).  The Motion should detail the payments he has missed and their due dates.  Now...assuming you win, the penalties for him can include everything up to him going to jail for contempt.  Generally, if this is the first time, a judge wont send him to jail, but will instead give him a "purge" date to pay any support arrears he may owe.  If he fails to pay by the purge date, thats when he very well may go to jail depending on your judge and jurisdiction. We may be able to help you at The Civil Law Center. Call 504-342-4221 to set up your consultation.  Thanks!... Read More

Getting a statement signed and notarized with two witnesses is the way to go.  Also, be aware you may need to subpoena him at the time of the Fault trial.  While Hearsay is not allowed, a properly notarized document can be snuck in front of the judge (sometimes).  Of course, his testimony will be the best evidence available and you can have him testify to what he swore to in his affidavit. If you need help and are in the greater New Orleans area, call The Civil Law Center, LLC at 504-342-4221 to set up a consult.... Read More