We’ve all watched television dramas that portray a divorcing couple in the middle of a heated court battle. Fortunately, most divorces will settle before reaching a trial, but that doesn’t mean the process will be fast or easy. If you’re thinking of ending your marriage, this article will help you understand the basics of filing for divorce in Louisiana.
There are two types of divorce: no-fault and fault. All states allow couples to request a no-fault divorce, which is typically based on irreconcilable differences or incompatibility. This simply means the couple doesn’t get along anymore and there’s no chance for a reconciliation. Some states, including Louisiana, also allow couples to pursue a divorce based on fault, which is where you claim that your spouse’s actions during the marriage caused the breakup.
Regardless of the type of divorce you pursue, courts require the filing spouse to list a specific reason, or legal grounds, for the request. Fault grounds vary by state, but the most common include adultery, conviction of a felony, and abandonment. No-fault grounds frequently include irreconcilable differences, incompatibility, or a separation for a specific amount of time.
In Louisiana, couples without children pursuing a no-fault divorce must prove that they have lived separate and apart for a continuous period of six months. For couples with children, the separation must last a minimum of one year; unless one spouse is abusive, then it’s a six-month wait.
No-fault divorce is more straightforward than other divorce options, but if you can’t meet the separation requirements, or your spouse caused your marriage to end, you can file for a fault divorce if you can demonstrate that your spouse:
Louisiana is one of only three states in the country that allow couples to enter a covenant marriage, which requires spouses to participate in premarital counseling, decide in advance how they will handle divorce, and agree to attend predivorce counseling. In addition to these requirements that couples must follow before marriage, you also have a different set of rules for divorce. Make sure you understand the differences and restrictions before you file your paperwork.
In order to file for divorce in Louisiana, you must meet the state's residency requirement. At least one spouse must have been a resident of the state for a minimum of one year before filing for divorce. This can be shown by providing a copy of a driver’s license, voter registration card, or lease agreement.
You can submit your divorce paperwork to the court in the parish where you live, where your spouse lives, or where you lived together as a married couple.
The divorce process in every state is mostly the same. First, the filing spouse (plaintiff) must submit a petition or complaint for divorce to the court. You will need to include several pieces of information for the judge, including:
Once you have completed this step, you'll need to deliver (serve) the documents to your spouse (defendant) within 90 days. Your spouse has 15 days to respond to your complaint.
Louisiana courts require the plaintiff to complete and submit a form titled “Rule to Show Cause,” which lists the date of service and ensures the court you meet the other requirements for divorce.
Both spouses must submit financial disclosures to the court, which gives the judge an idea of each person’s financial situation before deciding issues like property division or alimony.
Judges in Louisiana will not schedule any court hearings or make any divorce-related decisions unless the couple has lived separate and apart for 180 days (or one year if you have minor children). During this time, the couple can work together to decide legal issues, like property division and custody. If the couple needs assistance working through these issues, they can participate in mediation, which is where a neutral, trained mediator assists the couple with negotiations.
If the spouses can’t agree, the court will schedule a trial.
If you’re in a situation where your spouse is the primary earner, or you have minor children and need authority to provide custodial care, you can ask the court to issue temporary orders during the waiting period.
Common temporary orders include requests for financial status quo, meaning the spouse who regularly pays the bills will continue to meet those obligations during the waiting period. Also, judges can issue protective orders that restrict either spouse from wasting marital assets, like bank accounts.
Another effective temporary order is one that assigns one parent as the primary caregiver for the children and outlines child support obligations for both parents.
Although temporary orders aren’t permanent, they're beneficial, especially in situations where there is a breakdown in communication or an abusive or controlling spouse.
If the couple can’t agree on how to handle marital property, a Louisiana court will divide it using a community property standard, meaning everything a couple acquires during their marriage belongs equally to both spouses. Marital property often includes a home, vehicles, and bank accounts.
Property owned by one spouse before the marriage—or received as a gift during the marriage (like an inheritance)—is considered separate property, which belongs only to the owner spouse. Distinguishing between marital and separate property can be complicated, so make sure you keep records and receipts if you believe the property belongs only to you.
The courts take divorces with children very seriously. It’s always best for parents to work out a custody agreement on their own, but in some situations, it’s just not possible.
If the couple asks the court to decide custody, a judge will evaluate what’s best for the children using a set of factors, which include whether a parent can provide necessities like food and shelter, provide love and affection, and each parent’s moral fitness.
Whether you created your divorce settlement, or a court decided for you, once a judge approves the agreement and/or issues the final divorce judgment, the terms are binding on both you and your ex.
If you have questions about your rights and responsibilities in a divorce, you should consult with an experienced family law attorney in your area for advice.
