Louisiana Divorce Legal Questions

In California, you may only receive retro-active child support back to the date that you filed the request for child support orders with the court or Child Support Services. If you never obtained court orders requiring her to pay child support, then it is too late to go back in time, however if she was ordered to pay, but never did, the arrears have been collecting all this time, and you are also entitled to interest on the amounts unpaid.... Read More

Generally, uncontested divorces do not require the presence of both parties. If you have not filed a response in the case, you do not need to show up. If you have signed a marital settlement agreement which is supposed to be approved by the court, I suggest you show up just to be on the safe side.... Read More

I would think that the two attorneys may discuss the mutual filings and the case that was filed first may be agreed to be the one to proceed depending on the requirements for obtaining the divorce in the other state. On the other hand, it may be more advantageous for the Louisiana case to proceed if the laws of the other state are more stringent for obtaining the divorce.... Read More

I suggest you retain experienced counsel who can arrange for a private investigator to search for the husband (they can do great computer searches). Once you have a last known address, you can ask for substitute service of the divorce papers often by mail to a relative or friend who has contact with the husband or by publication in that area. That will cost money, but then you can proceed to enter a default judgment if he doesn't respond (or an agreed judgment if he does respond) and make your wedding plans thereafter.... Read More

In Louisiana a spouse is entitled to reasonable temporary support while the marriage is still intact, and during the waiting period for a divorce if a divorce has been filed. Temporary spousal support is based upon a spouse's need, and the other spouse's ability to pay, and considers the lifestyle of the parties while married when determining need for support. When spouses are not married long, there may be a difficulty establishing either dependence or a "lifestyle". A spouse may also be entitled to a partial distribution of liquid community assets pending a divorce or partition of property, to enable that spouse to live, hire an attorney, etc., while the divorce is pending. A landlord may pursue either lessee for the rent, if both have signed. They usually pursue the one who remains in the leased premises. You should contact a competent family lawyer in your area about your specific circumstances as soon as possible.... Read More

In Louisiana, use of the family home may be awarded to either party during the pendency of the divorce. One consideration for the judge will be who will be the primary caregiver for the children. A spouse awarded primary custody may be awarded the use of the house pending the divorce. Additionally, temporary spousal support can be awarded which will offset the cost of the note, or the payment itself may be included in the temporary support award. Considering the income of the husband in this scenario, this is a likely event. The questioner should consult an attorney immediately rather than attempting their own motion for use of the house.... Read More

Since the law in LA is so unique, you will definitely want to consult an attorney familiar with the law in your state. I can tell you that in OH and other states, if you bought it prior to the marriage, it is treated a little differently.  It is a 'mixed' asset, meaning it has some separate qualities (the contributions you each made while single to purchase it) and some marital qualities (the mortgage payments made while married).  The first thing to do would be to account for any separate money that went into the home's purchase by each of you.  That money, provided still exists in the value of the home, will be each of yours to reclaim.  Then you must divide the marital portion of the home that remains.... Read More