Louisiana Divorce Legal Questions

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, 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, 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, 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, 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, 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

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

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

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

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

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

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

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

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

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

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