Obtaining a Divorce in Louisiana

Making the process easier for clients

Divorce can be an emotionally challenging and complex process, but understanding the legal aspects of divorce in Louisiana can help ease the burden. As a reputable law firm dedicated to providing guidance in family law matters, we aim to empower our clients with knowledge about the divorce process to help guide them during this difficult time. Our firm will provide you with a comprehensive guide on how to obtain a divorce in Louisiana.


Grounds for Divorce in Louisiana:
 

Before initiating divorce proceedings, it's crucial to determine the grounds on which you can file for divorce in Louisiana. Louisiana offers both fault-based and no-fault divorce options.
 

No-Fault Divorce: The most common grounds for a no-fault divorce in Louisiana is living separate and apart continuously for either 180 days if there are no minor children, or 365 days if there are minor children involved.
 

Fault-Based Divorce: Alternatively, you may file for a fault-based divorce on various grounds, including adultery, conviction of a felony, or abuse.
 

To file for divorce in Louisiana, at least one spouse must meet the residency requirements. Either party must have been a resident of Louisiana for at least six months before filing for divorce.

The Divorce Process:

  1. Hiring an Attorney: The first step in obtaining a divorce is to retain a skilled and experienced family law attorney. A knowledgeable attorney can guide you through the complexities of the legal process and protect your rights.
     
  2. Filing the Petition: To initiate the divorce proceedings, the petitioner (spouse filing for divorce) must file a "Petition for Divorce" in the appropriate court. The petition will outline the grounds for divorce and any requests for child custody, child support, spousal support, or separation of property.
     
  3. Serving the Divorce Papers: Once the petition is filed, the other spouse (the defendant) must be served with the divorce papers or they can sign a waiver.  
     
  4. After the papers have been served and the appropriate time limits have run, the moving party can ask the court to grant the Judgment of Divorce, officially ending the marriage. In Louisiana, the regime of community property will terminate at that time, retroactive to the date that the divorce petition was filed.
     

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