If you are unhappy in your marriage, you may have decided that filing for divorce is in your best interest. However, it’s imperative to understand the different steps in this process so you know what to expect when you file. Typically, the first step in filing for divorce is to complete and submit a divorce complaint with your local parish clerk. If you are unsure what a divorce complaint is or what information to include in this document, you’ll want to keep reading. In addition, you’ll discover the importance of connecting with a Monroe, Louisiana divorce lawyer to explore your options when filing.
What Is a Divorce Complaint and Who Files One?
A divorce complaint is the main document you will file if you wish to begin the divorce process. This is also commonly referred to as a divorce petition. Essentially, this document will inform the court of your decision to dissolve your marriage and the grounds on which you wish to do so. This informs the court that it will need to issue a final judgment regarding your divorce.
Typically, either party can file for divorce first. There are very few advantages to being the initial party to pursue a divorce. Typically, in Louisiana, the only benefits are that you can choose the parish where the divorce will occur if you and your spouse do not live in the same parish. Additionally, you will have more time to get your documents in order. When you serve your spouse, they will only have 30 days from the date of service to issue a response to your petition.
Are There Different Types of Divorce in Louisiana?
Louisiana is one of the very few states to have slightly different laws regarding divorce. First and foremost, it’s important to understand that there are two different kinds of divorce in the state – an Article 102 or Article 103 divorce. An Article 102 divorce is a no-fault option, which allows you and your spouse to dissolve the marriage without having to prove wrongdoing on the part of either spouse. However, in order to get the divorce, you and your spouse must live separately for a pre-determined amount of time. If you share minor children, this period is 365 days, but if you have no minor children, you must only live apart for 180 days. Any attempt at reconciliation causes this period to reset.
However, you can pursue an Article 103 divorce, which is an at-fault divorce. By pursuing this option, you can file on the grounds that your spouse has done something wrong to cause the breakdown of your marriage. Common fault grounds include, but are not limited to, adultery, abandonment, abuse, or a felony conviction. You should also note that, unlike many other states, Louisiana does take fault grounds into consideration when determining the outcome of a divorce. As such, your spouse may face consequences for an affair or abuse.
Filing for a divorce can be an incredibly complicated matter. Not only must you navigate the emotional aspects of this process, but you must take the financial and legal consequences into consideration as well. As such, it is imperative to connect with an experienced attorney with Breithaupt, DuBos, & Wolleson, LLC. Our firm can help walk you through this process to set you up for success in the next chapter of your