Have you considered filing for divorce in Louisiana? If so, you may be surprised to learn that there are legal requirements you must ensure you meet in order to be eligible. The following blog explores what you should know about these matters to ensure you can begin this process and why it’s in your best interest to connect with a Monroe, Louisiana divorce lawyer to assist you in these difficult legal matters.
Are There Legal Requirements to File for Divorce?
Louisiana is one of the few states that has different legal requirements for those looking to divorce. First and foremost, it’s important to understand that to be eligible to file for divorce in Louisiana, you must be domiciled, or have resided in the state, for at least 6 months prior to filing. You must also live in the parish for at least 90 days before you are eligible to file.
The state accepts both no-fault and at-fault divorces. A no-fault divorce does not require you to prove wrongdoing by the other party for the divorce to be successful. In most states, you can file on the grounds of irreconcilable differences, so long as you meet the residency requirements. However, in Louisiana, to file a no-fault divorce, you and your spouse must live apart for at least six months before filing if you have no minor children, and at least 365 days if you do have minor children. This is a significant difference that must be considered before you are eligible.
If you choose to pursue an at-fault divorce, you must ensure you meet the requirements for each ground. Unlike other states, it’s important to understand that the wrongdoing you accuse your spouse of can impact the outcome of the divorce. The grounds on which you can file in Louisiana include adultery, abuse, or felony conviction. There is generally no waiting period if you are filing on the grounds of fault by your spouse. However, it’s important to understand that your spouse may dispute the accusations, which can prolong the divorce process.
Are There Different Kinds of Divorce?
It’s important to understand that there are generally two kinds of divorce that will arise from filing in Louisiana – contested or uncontested. Generally, an uncontested divorce occurs when both parties can agree on all matters in the divorce, including child custody, alimony, child support, and property distribution. Because the parties can agree, there is no need for the court to intervene, other than to approve the agreement determined by the spouses. As such, you can have your divorce finalized in as little as two weeks.
However, if there are matters you and your spouse cannot agree on, your divorce will be considered contested. This requires the intervention of the court to help determine how these matters should be settled. Typically, you’ll find that this process takes a considerably longer time, as there may be back and forth between you and your spouse, rescheduled court dates, and even court-ordered mediation.
Regardless of how your divorce proceeds, ensuring you have an experienced attorney to help guide you through the process is critical. At Breithaupt, DuBos, & Wolleson, LLC, we understand that this is an incredibly complicated and emotional process. That’s why our firm is dedicated to helping you fight for the best possible outcome so you can focus on the next chapter of your life. When you’re considering divorce, don’t hesitate to contact our team to learn how we can help you.
