When you decide that your marriage is effectively over, filing for divorce can be an overwhelming matter. However, many are unfamiliar with the unique divorce laws in Louisiana, which can lead to errors and confusion in this process, which result in delays. Though you may be eager to get this process over with as quickly as possible, it is imperative to understand that there is a mandatory waiting period that those going through a divorce must adhere to in Louisiana. The following blog explores what you should know about these matters and the importance of working with a Monroe, Louisiana divorce lawyer.
Is There a Waiting Period for Divorce?
While many states allow couples to file for divorce at any point during the marriage, some states have more in-depth laws. Louisiana, for example, has one of the longer waiting periods for divorce. As such, if you want to file for divorce, you and your spouse must live apart for an extended period. If you have minor children, this is a full 365-day waiting period. If you have no minor children, this is shortened to 180 days. It’s imperative to understand that you must live separately, and any reconciliation that occurs during this period will reset the clock. You should also note that this required waiting period occurs after you file for divorce if you file a 102 divorce as opposed to a 103 divorce.
It’s also necessary to understand that you must meet the residency requirements to pursue a divorce in Louisiana. Essentially, this requires that you or your spouse must be a permanent resident of the state for at least 6 months before filing for divorce.
However, it’s important to understand that there are a number of circumstances that can waive this waiting period. Unlike many states, Louisiana still adheres to no-fault and at-fault divorces. Additionally, those found at-fault in a divorce may incur penalties for their actions, which typically is not the case in other states. As such, if a spouse commits adultery, commits a felony offense resulting in the death penalty, physically abuses their spouse or child, or a protective order is issued against the spouse, the mandatory waiting period can be waived to grant an immediate divorce.
How Do I File for Divorce in Louisiana?
After determining whether or not you are eligible to file based on the aforementioned residence requirement, you’ll need to locate the parish you wish to file in, which is generally where you or your spouse reside. Once you have submitted the necessary paperwork, you must endure the aforementioned waiting period if you are pursuing a 102 divorce. However, if you wish to file a 103 divorce, you must endure the mandatory waiting period before filing.
When filing for divorce, you must cite the grounds on which you are filing and make requests for relief, or matters like alimony, child support, or custody. You will file this with the parish court before serving your spouse. Once your spouse is served, they must respond to the petition within a certain period of time. They may agree with the terms and conditions of your petition, constituting an uncontested divorce. However, if they disagree with the terms, this can begin a contested divorce that requires mediation, negotiation, or litigation to resolve.
As you can see, the divorce process in Lousiana can be incredibly complicated. That is why it’s in your best interest to connect with an experienced divorce attorney with Breithaupt, DuBos, & Wolleson, LLC. We understand that this process can be incredibly overwhelming, which is why we will do everything possible to assist you. Contact us today to learn more about your legal options during this matter.