Answering Your Questions: Divorce In Louisiana

If you are a resident of the state of Louisiana or a friend/family/acquaintance and want to know about divorce in Louisiana, this article is for you. Here, we will address some of your most searched and sought-out questions pertaining to Divorce in Louisiana. 

However, first, let us learn what Divorce in Louisiana means legally. 

Since Luciana is one of the states of the USA, it follows American law. Under American law, divorce is the legal process of terminating a marriage. It is the legal resolution of the relationship, after which both spouses are free to remarry.

Marriage laws are usually governed by states in the USA, not Federal ones. A divorce case starts from the petition filed for divorce and ends with the judgment delivered by the court having the jurisdiction. 

Divorce In Louisiana: Key Components

These are the key components of divorce that relate to Divorce in Louisiana.

• A spouse files a petition for divorce when they want the dissolution of marriage. This petition clearly states that they want a divorce, and it also outlines their requests to the court having jurisdiction regarding child custody, spousal support division of their assets, and other divorce-related matters. 
• During the division of property, the spouses either decide who gets to keep what property or the court decides for them.
• Child custody and vegetation rights are also a great part of all divorce proceedings. The court takes decisions that look after the child’s best interest and grant physical and legal custody to the parents they deem fit.
• Child support is another integral part of a divorce proceeding. The Court often requires the parent not having custody of the child to pay financial support to the parent having custody of the child. The amount of financial support depends on the income, number of children, and expenses of the children.
• The court may also ask one spouse to pay spousal support to the other apart from child support. 

These points are covered in the final decree delivered by the judge. This document legally ends the marriage and incorporates these matters of property division, child support, spousal support, and other details into the order.

Question 1: How To File For Divorce In Louisiana?

To file for divorce in Louisiana, you need to be fulfilling certain requirements first. These are what you should be checking off your list.

1. At least one spouse should have been a resident of Louisiana for at least one year before the filing of the divorce petition.

2. Laws relating to divorce in Louisiana recognize fault and no-fault divorce. 

No-fault grounds include living separately for 180 days continuously. The period becomes 365 days if the couple has minor children. Fault-based divorce considers these as grounds: adultery, a conviction for a felony, imprisonment of a spouse, abandonment by a spouse, or abuse, be it mental, physical, or sexual.

3. The divorce petition should be filed within the appropriate jurisdiction. 

This can include the district court where either spouse resides. 

4. After the divorce petition is filed, the petitioner must officially serve the other spouse with a copy of the divorce documents. 

The papers should be delivered through certified mail. A return receipt is then given to the petitioner after the delivery of the divorce papers.

5. The respondent to this divorce filed in Louisiana has to respond to this petition within 15 to 30 days of time.

They can develop a counterclaim outlining their side of requests and claims regarding the case. Divorce papers in Louisiana are quite similar to that of the rest of the states. 

6. The divorce petition should include these basic points:

• The full names and addresses of both spouses.
• Their clear statement seeks an end to the marriage.
• Their intentions with the children and custody requirements.
• Their wishes for the state of their joint assets.
• Any relief claimed by either spouse.

There might be an addition to this list based on which state the spouses reside in. 

Question 2: What Does Divorce In Louisiana Cost?

The filing fee for a basic divorce in any Louisiana court is $324.00. However, it is essential to note that the overall expenses may include attorney fees and mediation costs, which typically range from $15,000 to $20,000 or even higher.

Question 3: What Are The Grounds For Immediate Divorce In Louisiana?

Louisiana does not provide grounds for immediate divorce. However, there are certain circumstances for expedited divorce. Here are some grounds:

• Adultery: If one spouse gives the court sufficient evidence of adultery committed by the other spouse.
• Felony Conviction: If the defendant has been convicted of a felony and has to undergo imprisonment.
• Physical or Sexual Abuse: If one spouse has been cruelly treating the other spouse (physical or sexual abuse).
• Abandonment: If one spouse has abandoned the other spouse for one whole year without any reconciliation in between. 

Wrapping It Up!

If you are considering divorce in Louisiana, these might help you navigate the process. Consider asking for a consultation with an attorney specializing in family law. A qualified family law attorney can provide advice explaining your rights to you. They can represent you in a manner that best protects your interests. 

The Louisiana State Bar Association (LSBA) also offers a Lawyer Referral Service through their website and offline services to help you navigate through your divorce.

Residents having limited financial resources may also get legal aid. Legal aid is free of charge or low-cost legal help to individuals with specific income criteria. The Southeast Louisiana Legal Services and Acadiana Legal Service Corporation are worth mentioning.

Louisiana’s judicial system provides self-help resources for divorce in Louisiana. For example, the Louisiana Supreme Court website gives information, forms, and guiding procedures to assist you in filing for divorce.