Louisiana Divorce Legal Questions

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123 legal questions have been posted about divorce by real users in Louisiana. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include family law, adoptions, and child custody. All topics and other states can be accessed in the dropdowns below.
Louisiana Divorce Questions & Legal Answers - Page 3
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Recent Legal Answers

Is it to late to request spousal support now after being separated for 11 months?

Answered 11 years and 10 months ago by Jason C Bruzik (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Hello, Unfortunately, you may have given up some money.  Generally, under article 103 divorces, Interim Spousal Support is not awarded (since nobody has filed anything) and there is no "interim" period once the divorce is finished! However...IF you have not yet filed for divorce, you may be able to file under article 102 NOW and still collect some amount of spousal support. As to attorneys fees, I dont know anyone who does 102's for free..but I can say to call The Civil Law Center, LLC at 504-342-4221 and speak with an attorney at a reduced rate.... Read More
Hello, Unfortunately, you may have given up some money.  Generally, under article 103 divorces, Interim Spousal Support is not awarded (since... Read More

Is my soon to be ex- husband required to pay me spousal support?

Answered 11 years and 10 months ago by Jason C Bruzik (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Hello, Your question as to whether he's required to pay you spousal support is dependent on a number of variables.  For example, do you work? Did you work during the marriage? Did you give up a job to take care of the kids?  Do you "need" the money?  Can he afford to pay you?  Were you "free from fault" in the breakup of the marriage? This is the analysis the court will engage in when determining final spousal support.  Since you've already been separated for 11 months, I assume you are aiming for a 103 divorce rather than a 102 divorce so "Interim" support would be a moot point.  To help you with the questions above, you can call The Civil Law Center, LLC and set up a consultation at 504-342-4221.... Read More
Hello, Your question as to whether he's required to pay you spousal support is dependent on a number of variables.  For example, do you work?... Read More

Custody and divorce

Answered 11 years and 10 months ago by Jason C Bruzik (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Hello, I'm assuming you left Louisiana and intend to remain outside of Louisiana.  With that, you may have a hard time getting domiciliary custody of your daughter.  But...to answer your question, How do you get your 1/2 of everything...file a petition for divorce, and greater than 30 days later a partition of community property pursuant to La. R.S. 9:2801 et seq.  In the Petition for Divorce, ask for custody.  At the least, a judge should evaluate the various living arrangements and determine who should be in charge of the child.  You will need to do a list of the assets and "things" you have as of the date of filing the divorce.  In Louisiana, there is an interesting caveat, IF neither party has filed for divorce or custody/visitation or for protective orders/injunctions, then BOTH parties may have EQUAL rights to the child...so...if you have equal right to the child...I'll let you fill in the possibilities. If you'd like to discuss your options with an attorney at The Civil Law Center, LLC, call 504-342-4221 and set up an appointment. Thanks!... Read More
Hello, I'm assuming you left Louisiana and intend to remain outside of Louisiana.  With that, you may have a hard time getting domiciliary... Read More

If I were to file for divorce would the divorce affect my pending personal injury lawsuit? live in Louisiana! Would my wife be entitled to half?

Answered 11 years and 10 months ago by Jason C Bruzik (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Hello, Would a divorce affect a personal injury suit...alas, the words "it depends" almost always applies to this question.  IF the personal injury suit contains a sum of money for lost wages, then "maybe" since those were lost wages that would have been earned (presumably) during the marriage.  If the wages are "Future" lost wages, then maybe not since its prospective and you wouldnt be married during that future time (note the Maybe in there).  If its strictly for pain/suffering then likely not.  Unfortunately, there is a standard disclaimer I give on this question though...and that is it will always depend on the facts of your case and the particular judge/jurisdiction you're in front of. If you need help, dont hesitate to call The Civil Law Center, LLC at 504-342-4221 and set up an appointment to speak with an attorney.... Read More
Hello, Would a divorce affect a personal injury suit...alas, the words "it depends" almost always applies to this question.  IF the personal... Read More

divorcing my husband

Answered 11 years and 10 months ago by Jason C Bruzik (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Hello, You ask so many questions with three simple lines!  I need to know if you've already moved out for greater than a year or not.  If you HAVE moved out over a year ago, then you can file a 103(1) divorce.  If you have NOT moved out or just recently separated, then you're probably looking at a 102 divorce.  Also, what "legal stuff" is going to go on will depend on where you live.  The process for getting a divorce is different in every parish.  Generally, you will have to file a Petition for Divorce, and in that petition you should be asking for custody, chlid support, spousal support, exclusive use of the home and injunctions against your Ex taking and selling stuff.  If he's abusive, ask for injunctions against harassment.  You'll get a hearing date (generally) within about 60 days where you can ask for the child support and custody.  You should probably bring evidence of income and bills.  After filing and the hearing, you'll probably have to wait about a year before you can finalize your divorce (under 102). If you live locally and need help, dont hesitate to call us at The Civil Law Center, LLC 504-342-4221 and set up an appointment to speak with an attorney.... Read More
Hello, You ask so many questions with three simple lines!  I need to know if you've already moved out for greater than a year or not.  If... Read More

Cheating and Divorce?

Answered 11 years and 10 months ago by Jason C Bruzik (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Hello, The divorce is a distince and separate issue from the property (disposition of the house) and is governed by La. R.S. 9:2801 et seq.  Generally speaking, in Louisiana, absent a prenup agreement, she will get 1/2 the value of any equity (if any).  The cheating only comes in as an important point with regard to determining fault and whether or not spousal support gets awarded.  Call The Civil Law Center, LLC at 504-342-4221 to set up an appointment to discuss options and/or real-world effects of infidelity on a divorce.  ... Read More
Hello, The divorce is a distince and separate issue from the property (disposition of the house) and is governed by La. R.S. 9:2801 et seq.... Read More

When divorced can I move away from my partner?

Answered 11 years and 10 months ago by Jason C Bruzik (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
No.  The two parents do not have to stay in the same parish.  However, if you will be moving with the child greater than 75 miles or into another state, you may need to comply with 9:355 et seq (the relocation statutes).  When you file for divorce be sure to ask for domiciliary status and be ready to back up why you should get it when you are about to move.   As always, if you'd like to chat with an attorney, call The Civil Law Center, LLC at 504-342-4221 and set up an appointment.... Read More
No.  The two parents do not have to stay in the same parish.  However, if you will be moving with the child greater than 75 miles or into... Read More

Do I need a lawyer to get a divorce in Louisiana?

Answered 11 years and 10 months ago by Jason C Bruzik (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Hello, I start worrying when I see "Legally Separated" since that's a bit of a rarity in domestic law these days.  How you file for divorce is to file a Petition for Divorce pursuant (in your case and based on what you say above) to article 103(1).  The filing fee varies by parish and can range from $300 to over $500.  You will need to serve your Ex, so you will need his address or where he can be found. Generally law offices can charge thousands of dollars for even simple divorces, our office however is generally much less expensive in these kinds of cases where all we need to do is file and finish the divorce.  Call our office and speak with an attorney for a quote 504-342-4221.  ... Read More
Hello, I start worrying when I see "Legally Separated" since that's a bit of a rarity in domestic law these days.  How you file for divorce is... Read More

What to do if other party refuses too sign paperwork after 13 yr separation?

Answered 11 years and 11 months ago by Jason C Bruzik (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
You can file a 103(1) divorce and have him served.  Then he doesnt need to sign a thing and he wont be able to stop the Divorce thats coming.  Just make sure to use Sheriffs service. If you're in the New Orleans area, dont hesitate to call us at The Civil Law Center, LLC at 504-342-4221.... Read More
You can file a 103(1) divorce and have him served.  Then he doesnt need to sign a thing and he wont be able to stop the Divorce thats... Read More

How long after decree of final divorce do I pay spousal support?

Answered 11 years and 11 months ago by Jason C Bruzik (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
I hate to say it, but it depends.  You need to bring your paperwork to an attorney asap and they may need to file a motion to clarify.  "Generally" (and I do mean generally), there is a cap placed on the number of payments you'll have to make.  As to division of assets, thats covered under article 9:2801 et seq and is also "generally" a separate filing (its an ordinary proceeding versus a summary proceeding) and has some different rules.  You can file a Petition for Partition of Property, but make sure you have the documents ready to do you detailed descriptive list as well.  This is important since the Court is going to peruse YOUR list and compare it to HER list and do the math...you need to be able to back up your numbers.  I generally hire an expert to appraise the contents and the house so that I can attach those appraisals to any motions I may have or introudce them at the time of trial.  You can read  the Louisiana code below: http://www.legis.la.gov/Legis/Law.aspx?d=107289... Read More
I hate to say it, but it depends.  You need to bring your paperwork to an attorney asap and they may need to file a motion to clarify. ... Read More

How long does it take for your divorce to be final if I filed on February 2014?

Answered 11 years and 11 months ago by Helene Ellenbogen (Unclaimed Profile)   |   10 Answers   |  Legal Topics: Divorce
There is a 90 day waiting period. If everything is settled by then, the judge can grant the divorce. That rarely happens. In King County the trial date is about 11 month from the date of filing. In other counties you have to set the trial date. Since most counties now require mediation before you can go to trial, cases generally settle before the trial date.... Read More
There is a 90 day waiting period. If everything is settled by then, the judge can grant the divorce. That rarely happens. In King County the trial... Read More

Am I legally obligated to respond to "Request to Produce" or "Marital Interrogatories"?

Answered 12 years ago by Mr. Robert E McCall (Unclaimed Profile)   |   6 Answers   |  Legal Topics: Divorce
Yes, failure may result in a contempt citation.
Yes, failure may result in a contempt citation.

What does a petition to a divorce entails and what does it look like?

Answered 12 years ago by Dennis Joel Leffert (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Divorce
A Petition is a Court form that is completed by a spouse, known as the Petitioner, that is filing for a divorce and is ?legally served? upon the other spouse. An Answer is the responsive pleading, form, that the other spouse, known as the Respondent, should file and serve on the Petitioner. If you didn't know this, perhaps you should consider getting an attorney or discussing Mediation with your spouse.... Read More
A Petition is a Court form that is completed by a spouse, known as the Petitioner, that is filing for a divorce and is ?legally served? upon the... Read More

I got divorced in 2013, we split all marital assets and she bought me out, since she bought me out, is this money part of the settlement of assets?

Answered 12 years and a month ago by Ms. Jessica M Cotter (Unclaimed Profile)   |   10 Answers   |  Legal Topics: Divorce
This is more a tax question than a legal question, so I suggest you consult with a tax accountant. I will also suggest that if any of the money came as your portion of a retirement account, 401(K) or IRA, then it certainly may be taxable. Generally speaking, however, the division of a marital account, or other asset should be a non-taxable event.... Read More
This is more a tax question than a legal question, so I suggest you consult with a tax accountant. I will also suggest that if any of the money came... Read More

If my wife abandons our marriage, do I have rights to her IRA after using mine for the last 19 years of retirement to support us both?

Answered 12 years and a month ago by Matthew Eugene Ludt (Unclaimed Profile)   |   10 Answers   |  Legal Topics: Divorce
Yes, under Minnesota Statute 518.58 "Upon a dissolution of a marriage ... the court shall make a just and equitable division of the marital property of the parties..." From the facts you state her IRA would be amongst the marital assets to be divided.
Yes, under Minnesota Statute 518.58 "Upon a dissolution of a marriage ... the court shall make a just and equitable division of the marital property... Read More

If my wife abandons our marriage, do I have rights to her IRA after using mine for the last 19 years of retirement to support us both?

Answered 12 years and a month ago by Ms. Jessica M Cotter (Unclaimed Profile)   |   10 Answers   |  Legal Topics: Divorce
The answer will depend, in part, on when her IRA was established and earned. In Arizona you would have a community interest in her IRA if it was established with funds earned by her during the marriage. However, if she established the IRA prior to your marriage, and added no funds to it during the marriage, then it may be determined to be her separate property. What you should do is consult with an experienced family law attorney in your area to discuss these issues.... Read More
The answer will depend, in part, on when her IRA was established and earned. In Arizona you would have a community interest in her IRA if it was... Read More

Am I married if I never turned in the marriage license to the county clerk in order to be on file?

Answered 12 years and a month ago by John F. Brennan (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Divorce
I would need more facts, but would suspect the state is not aware of your marriage. What are you trying to do?
I would need more facts, but would suspect the state is not aware of your marriage. What are you trying to do?

Can a pregnant woman divorce her husband?

Answered 12 years and 2 months ago by Mr. Jacob Schwab Ginsberg (Unclaimed Profile)   |   14 Answers   |  Legal Topics: Divorce
The court will not want to finalize divorce until child is born. There may be some exceptions to this rule. Please call a lawyer to discuss.
The court will not want to finalize divorce until child is born. There may be some exceptions to this rule. Please call a lawyer to discuss.

If I am going through a divorce and my attorney is not acting in my best interests but he has been paid, can I fire him and get my money back?

Answered 12 years and 2 months ago by James Timothy Weiner (Unclaimed Profile)   |   8 Answers   |  Legal Topics: Divorce
Yes you may fire him.however depending upon your fee agreement and the work he has arguably done for you do date you may not be able to get your money back
Yes you may fire him.however depending upon your fee agreement and the work he has arguably done for you do date you may not be able to get your... Read More

Can we file for divorce in where we live now?

Answered 12 years and 2 months ago by Jason Thomas Olivier (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Yes, if you meet Louisiana's residency requirements. Do an internet search for "LOUISIANA RESIDENCY REQUIREMENT" and see if you fit the criteria.
Yes, if you meet Louisiana's residency requirements. Do an internet search for "LOUISIANA RESIDENCY REQUIREMENT" and see if you fit the criteria.

Can I file uncontested divorce to a husband in prison?

Answered 12 years and 2 months ago by Ms. Jessica M Cotter (Unclaimed Profile)   |   10 Answers   |  Legal Topics: Divorce
In Arizona there are self service centers at most county court facilities, and online. Here is a link to the Maricopa County self service page for family court matters: http://www.superiorcourt.maricopa.gov/SuperiorCourt/Self-ServiceCenter/Forms/FamilyCourt/ I do suggest that you at least consult with an experienced family law attorney in your area to review your matter.... Read More
In Arizona there are self service centers at most county court facilities, and online. Here is a link to the Maricopa County self service page for... Read More

If we have two homes and he wants both, can he do that?

Answered 12 years and 5 months ago by Jason Thomas Olivier (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
A community property settlement is a contract between you and him. It doesn't affect any of your creditors. Since it is a negotiation either of you can ask for whatever you want. I would not let anyone bully you into a settlement you feel doesn't address your needs. You need an attorney to negotiate this. Don't attempt this yourself. I routinely perform negotiations.... Read More
A community property settlement is a contract between you and him. It doesn't affect any of your creditors. Since it is a negotiation either of you... Read More

How do I prevent sharing assets in a marriage?

Answered 12 years and 8 months ago by Frances Ann Headley (Unclaimed Profile)   |   8 Answers   |  Legal Topics: Divorce
If you maintain all of your separate property apart from any community property acquired after you marry then there will be no community interest in the separate property.
If you maintain all of your separate property apart from any community property acquired after you marry then there will be no community interest in... Read More

Will I be responsible for my wife's medical bills if we are now separated and I stopped our health insurance?

Answered 12 years and 9 months ago by Dennis P. Mikko (Unclaimed Profile)   |   30 Answers   |  Legal Topics: Divorce
You could be responsible for her necessary medical care as long as you are married.
You could be responsible for her necessary medical care as long as you are married.

What do I need to do if Iโ€™m paying alimony but now I am on SSDI?

Answered 12 years and 9 months ago by Nelson E Rivers (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
You need to immediately file for a reduction or termination.
You need to immediately file for a reduction or termination.