Legal Question in Family Law in Louisiana

Hi, My brother David is going through something very devastating. He is married to a women that was stealing large sums of money from his company. He found out that she was stealing through paperwork. He trusted her to do his payroll, so far the paperwork shows that she has embazzled over 180 thousand dollars. When he confronted her about this she didn't have an answer. So, he put her out of the house and filed for divorce. In the mean time she finds out she has breast cancer, and the judge made him let her move back into the house. This was very hard on him because this is were his business is located in the home. He had to change computer codes and passwords so she can't steal again from the business that he started over 25years ago. Did I mention that they have only been married 4years. However, my brother seems to think that she may have had breast cancer before he married her, and she married him for financial reasons so that she could get her treatments. This is wrong, Our mother died of breast cancer, and his wife knew this, how could someone be so cruel to do this to someone. But, the worst is yet to come the judge will not grant him a divorce because her life expectancy is two years. Does this mean that he has to endure this for 2years. What if she lives longer than two years. I really don't know how to help my brother is depressed and slowly losing his pride and dignity. Did I mention that this is the state of Louisiana and is this legal to make a person stay with someone who embazzled and married for medical reasons without telling her spouse. My brother was going to give her a home that they bought together for her to live in, but the judge told him to sell the home to replace some of the money that she stole from the company. Please help before my brother loses everything.


Asked on 10/12/11, 11:44 am

2 Answer from Attorneys
Martha Amanda Mandi Lucas Mandie Seale Lucas

I have never heard of a judge refusing to allow a divorce based on the health of one of the parties. In fact, Louisiana has no fault divorce so as long as the criteria are met, the Court must grant it. The Court would be correct in suggesting a sale of the community home as a way of reimbursement. The Court appears to recognize her fault and offering to reduce her community share in compensation. Again as to the Court refusing, If the marriage was a covenant marriage, the statute requires some additional efforts before dissolution of the marriage.

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Answered on 10/12/11, 2:32 pm


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