Can I File for Divorce in Louisiana if My Spouse is Financially Irresponsible?

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When you and your spouse marry, you’re likely elated that you found the person you wish to spend the rest of your life with. However, you may displeased to find that their spending becomes more and more reckless over the course of your marriage. Whether they invest in expensive hobbies only to move on after a few weeks or they spend outside of your means as a couple, you may have tried everything to change their ways. However, if they are stuck in their financially irresponsible ways, proceeding with a divorce may be your only option. This blog explores whether or not this is grounds for divorce and how a Monroe, Louisiana divorce lawyer can assist you through these challenging times.

Can I Divorce a Financially Irresponsible Spouse In Louisiana?

In Louisiana, those who wish to file a fault-based divorce are limited in their options. Generally, only those who have been cheated on, married to someone who committed a felony, or victims of abuse can file a fault-based divorce. However, this does not mean you must remain in an unhappy marriage.

Louisiana, like all other states, allows you to file a “no-fault” divorce. In short, this means you can file for divorce on the grounds of irreconcilable differences, meaning your marriage has broken down past the point of repair.

Unlike other states, however, Louisiana requires those who wish to file a no-fault divorce to live apart for a period of time before they can proceed. If you share children, this is a period of one year. If you do not have children, this is shortened to 180 days.

How Can an Attorney Help Me?

Enduring a divorce can be incredibly complex, as there are many issues that must be discussed during this time. However, the most important thing you can do is enlist the assistance of an experienced attorney as soon as possible. Not only can they help you with the filing process, but they can walk you through what you can do to protect your finances until your divorce is finalized.

It’s important to understand that Louisiana is a community property state. As such, your spouse is entitled to an equal amount of marital assets. You should not, under any circumstances, attempt to hide assets from your spouse before your divorce is finalized. Though you may worry about their financial irresponsibility, if they take advantage of you, such as running up a credit card, they may be ordered to pay that debt.

As you can see, divorce is a complex issue. However, when you factor in a financially irresponsible spouse, these matters become much more challenging. Luckily, Breithaupt, DuBos, & Wolleson, LLC is ready to assist you. Our team understands how upsetting these times can be. That’s why we’re dedicated to handling these legal matters, so you can focus on healing during this challenging time. Contact our committed firm today to learn how we can assist you.

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