Period to Get a Divorce
Grounds for Divorce
Louisiana is a state wherein a divorce
can be obtained under "no fault" circumstances.
And, there are still a very limited set of circumstances that
will allow a person to obtain a "fault" divorce
such as adultery.
Only after consulting with an attorney
who is well versed in family law can a client make an informed
decision as to which type of divorce to obtain, and to analyze
what the benefits and disadvantages associated with any certain
type of divorce in the client's particular case.
Time Period to Get a
No Fault Divorce
In Louisiana, no fault divorces can be
obtained two ways depending on which statute you proceed under,
and require the passing of 180 days or 6 months separate and
apart (believe it or not, those are two different time periods).
There is no more "legal separation" in Louisiana.
The parties simply remain separate and apart for the requisite
period, without any court order, and then file for divorce.
for Divorce After Separation
If in fact the parties have already been separate and apart,
and have not reconciled, for a period of more than 6 months,
then either of the parties may file a petition for a divorce
and ask that the Court grant a divorce. If they have truly
been separate and apart, the other party cannot stop the party
who wants to obtain a divorce. Often clients question whether
or not they can do anything to "stop a divorce"
and they cannot. The only defense that can stop a divorce
based on living separate and apart for 6 months is a claim
that the parties at some certain moment reconciled so that
the 6 month period has not passed yet. In other words, if
you can stay away from the other person and do not reconcile
for 6 months you are entitled to a divorce.
For Divorce Before Separation
The other way to obtain a divorce through no fault proceedings
is to file pleadings and alert the Court to the fact that
you intend to live separate and apart for 180 days from the
service of your petition for divorce on the other spouse and
that you intend to file pleadings after the 180 days pass
and ask the Court to grant your divorce.
to Decide When to File
Accordingly, choosing between the two different types of no
fault divorces usually requires making a decision as to whether
or you have already spent so much time separate and apart
that you would rather wait until the 6 months pass and not
have to "start over" and wait another 180 days after
serving the other party with a lawsuit.
Either way, both no fault divorce statutes
envision the parties remaining separate and apart for 6 months
or 180 days in order to obtain a divorce. The paperwork and
time required to set Court hearings will add additional time
to those time periods as indicated. Also, the type of divorce
will effect the actual date that your community property termination
and the timing of your ability to ask for child support, alimony,
restraining orders and other ancillary relief you may need.
It is in your best interest to see a
lawyer to make certain your rights are protected during divorce.
Fault divorces require a trial and are
beyond the scope of discussions here. Make an appointment
to come in to discuss fault divorces.