How Long Does a Divorce Take in Louisiana

May 5, 2023 Amanda

How Long Does a Divorce Take in Louisiana

Divorce Type	Time Frame
Uncontested Divorce	30-90 days
Contested Divorce	6 months to several years
Divorce with Children	6 months or more
Divorce without Children	30-90 days

Understanding the Divorce Process in Louisiana

Here are some key things to keep in mind about the divorce process in Louisiana:

In order to file for divorce in Louisiana, at least one spouse must have been a resident of the state for at least six months prior to filing.
Louisiana offers both fault and no-fault divorces. In a no-fault divorce, neither spouse has to prove that the other did anything wrong or caused the end of the marriage. In a fault-based divorce, one spouse must prove that the other was at fault (for example, because of adultery or abuse).
The length of time it takes to get divorced in Louisiana can depend on whether you and your spouse are able to reach an agreement on issues like property division and child custody. If you can agree on everything before filing for divorce, your case may move through more quickly than if these issues need to be resolved through litigation.

If you’re considering getting divorced in Louisiana, it’s important to consult with an experienced family law attorney who can guide you through the process from start to finish.

Definition of Divorce in Louisiana

Before diving into the specifics of the divorce process in Louisiana, it’s important to understand what exactly is meant by “divorce.” In Louisiana, a divorce is a legal proceeding that dissolves a marriage and restores each spouse to their status as an unmarried person. Here are some key things to know about how divorces work in Louisiana:

In order for a divorce to be granted, one spouse must file a petition with the court and serve it on the other spouse.
If there are children involved in the marriage, both parents will need to submit a parenting plan outlining how custody and visitation will work.
The final divorce decree will address issues like property division, spousal support (if applicable), child support, and custody/visitation arrangements. Once this decree is issued by the court, your marriage is officially over.

It’s worth noting that while getting divorced can be emotionally difficult for all parties involved (especially if there are children), it doesn’t have to be contentious or adversarial. Many couples are able to work together collaboratively with their attorneys to reach mutually agreeable solutions on issues like property division and child custody.

Types of Divorce in Louisiana

In addition to these broad categories, there are also different options for how you and your spouse can resolve issues like property division and child custody. For example:

Litigated divorce: If you and your spouse can’t agree on key issues related to your separation (like property division or child custody), you may need to go through litigation – which means bringing your case before a judge who will make decisions on your behalf.
Mediation: Mediation involves working with a neutral third party who helps facilitate discussions between you and your spouse in order to reach mutually agreeable solutions.

If you’re considering getting divorced in Louisiana, it’s important to understand all of these different options so that you can choose what makes sense for you given your unique circumstances.

No-Fault Divorce

One type of divorce that is available in Louisiana is a no-fault divorce. Here are some key things to know about how this works:

In a no-fault divorce, neither spouse has to prove that the other did anything wrong or caused the end of the marriage.
To file for a no-fault divorce in Louisiana, you must have lived apart from your spouse for at least 180 days if you don’t have children together and at least 365 days if you do.
If you and your spouse can agree on key issues related to your separation (like property division and child custody), you may be able to complete your entire divorce through written agreement – which can save time, money, and stress compared with going through litigation.

If you’re considering filing for a no-fault divorce in Louisiana, it’s important to work with an experienced family law attorney who can help guide you through the process from start to finish.

Fault-Based Divorce

If you’re considering pursuing a fault-based divorce in Louisiana, it’s important to understand that this can be a more complicated and contentious process than going through an amicable separation with your spouse. Additionally, even if you do prove that your spouse was at fault for causing the breakdown of your marriage (for example because of adultery), this may not necessarily result in an outcome more favorable to you when it comes time to divide property or determine child custody arrangements.

The decision between pursuing a no-fault versus fault-based divorce will depend on several factors unique to each individual situation. It’s important to consult with an experienced family law attorney who can help guide you through these decisions and advocate for your interests throughout the entire process.

Eligibility for Divorce in Louisiana

Before you can file for divorce in Louisiana, there are some eligibility requirements that you’ll need to meet. Here are a few key things to keep in mind:

Residency requirement: At least one spouse must have been a resident of Louisiana for at least six months prior to filing for divorce.
No-fault option: You can get divorced in Louisiana even if neither spouse is at fault. To do this, you’ll need to show that you and your spouse have lived separately and apart continuously for at least 180 days before filing (or 365 days if you have minor children from the marriage).
Fault-based option: If one or both spouses want to pursue a fault-based divorce, they’ll need to provide evidence showing that the other spouse was responsible for causing the end of the marriage due to things like adultery, abuse, or abandonment.

If you’re unsure whether you meet these eligibility requirements or have questions about how different types of divorces work in Louisiana, it’s important to consult with an experienced family law attorney who can guide you through your options.

Residency Requirements

Note that these residency requirements are specific to getting divorced in Louisiana. If you were married in another state or country and are now living in Louisiana, different rules may apply. It’s always a good idea to consult with an experienced family law attorney who can help guide you through the specifics of your situation.

Additionally, it’s worth noting that if neither spouse meets the residency requirement for filing a divorce petition in Louisiana, there may be other options available (such as legal separation) that could allow you to move forward with ending your marriage while still ensuring that all relevant laws and regulations are followed.

Waiting Period

The waiting period can feel frustrating, especially if you’re eager to move forward with your life post-divorce. However, it’s an important part of the process designed to ensure that all parties involved have ample time to sort out any issues related to property division, child custody, and so forth. Your attorney can help you navigate this aspect of the process and provide guidance on how best to use this time effectively.

Grounds for Divorce in Louisiana

In Louisiana, a divorce can be granted on either fault or no-fault grounds. Here are some key things to know about each of these options:

No-fault divorce: In a no-fault divorce, neither spouse has to prove that the other did anything wrong or caused the end of the marriage. Instead, one spouse simply needs to state that they believe the marriage is irretrievably broken and cannot be saved.
Fault-based divorce: In a fault-based divorce, one spouse must prove that the other was at fault for causing the breakdown of the marriage. There are several possible grounds for fault in Louisiana, including adultery, felony conviction and imprisonment with hard labor; habitual intemperance (e.g., drug or alcohol addiction); physical or sexual abuse; abandonment for one year or more; and living separate and apart without reconciliation for at least two years.

If you’re considering filing for divorce in Louisiana but aren’t sure which type of grounds to pursue – especially if you think your case may involve contentious issues like property division or child custody – it’s important to consult with an experienced family law attorney who can help guide you through this process.

No-Fault Grounds

Here are some important things to know about pursuing a no-fault divorce in Louisiana:

No-fault divorces tend to be less contentious and time-consuming than fault-based ones because they don’t require either party to prove any wrongdoing on anyone’s part.
If you’re seeking a no-fault divorce in Louisiana, you’ll need to have lived separately from your spouse for at least 180 days (six months) before filing your petition with the court.

Ultimately, whether or not a no-fault divorce makes sense for your situation will depend on factors like how amicable your separation is likely to be and how much time and money you’re willing/able to invest in litigation. An experienced family law attorney can help guide you through this decision-making process and ensure that all of your legal rights are protected throughout your case.

Fault-Based Grounds

In Louisiana, there are two types of grounds for divorce: fault-based and no-fault.

Here are the three fault-based grounds for divorce in Louisiana:

Adultery: If one spouse cheats on the other during the course of their marriage, this can be cited as a reason for seeking a divorce.
Felony conviction and imprisonment: If one spouse is convicted of a felony and sentenced to serve time in jail or prison, this can also be used as grounds for divorce.
Cruelty: Finally, if one spouse physically or emotionally abuses the other (or engages in any behavior that makes it impossible to continue living together), this can also provide grounds for filing for divorce based on “cruelty.”

If you’re considering pursuing a fault-based divorce in Louisiana, it’s important to consult with an experienced family law attorney who can help guide you through the process. Keep in mind that proving fault may require additional evidence-gathering and legal wrangling compared to filing a no-fault petition – so it’s important to have someone on your side who understands how these cases work.

The Timeline for a Divorce in Louisiana

Filing the petition: You or your spouse must file a petition with the court in order to initiate divorce proceedings. This starts the clock ticking on your divorce case.
Serving papers: Once the petition has been filed, it must be served on your spouse (usually by certified mail).
Motion practice/preliminary hearings (if necessary): If there are any preliminary matters that need to be resolved before moving forward with your case (for example, if one party files a motion for temporary spousal support), these will be addressed at this stage.
Discovery phase: During discovery, both parties gather information and evidence related to key issues like property division and child custody.
Negotiation/mediation/settlement talks:If possible, you and your spouse may work together during mediation sessions or through settlement discussions outside of court rather than going through litigation.
Trial/Litigation: If no agreement is reached after negotiation then trial takes place which could take time depending upon various circumstances such as witnesses availability etc..
Finalization: Once all issues are resolved and agreed upon, the court will issue a final divorce decree which will end your marriage.

Overall, it’s difficult to predict exactly how long your divorce in Louisiana will take, as every case is different. However, by working with an experienced family law attorney and staying proactive throughout the process, you can help ensure that things move forward as smoothly and efficiently as possible.

Filing for Divorce

Filing for divorce can feel overwhelming – but remember that this is just one step in a larger process. With guidance from an experienced family law attorney, most people are able to navigate these initial steps without too much stress or difficulty.

Completing the Petition for Divorce

It’s worth noting that while it’s technically possible to complete a Petition for Divorce without an attorney’s help, doing so can be risky – especially if there are complicated legal issues involved in your case. Working with an experienced family law attorney can help ensure that all of the necessary paperwork is completed accurately and submitted on time.

Serving the Divorce Papers

If you’re unsure how best to proceed with serving your divorce papers, it’s worth consulting with an experienced family law attorney who can guide you through the process from start to finish. By working together collaboratively and proactively, you may be able to minimize conflicts and come up with a solution that works for both parties involved.

Response from Spouse

It’s worth noting that even if you and your spouse agree on most aspects of the divorce (like property division), there may still be areas where you disagree – particularly when it comes to issues related to children. In these cases, it’s especially important to work with an experienced family law attorney who can help guide you through negotiations with your ex-spouse or advocate for you in court.

Timeframe for Response

If your spouse fails to respond within this timeframe, it’s possible that the judge may grant what’s known as a “default judgment” – which means that even though one party didn’t participate in the proceedings, their absence is seen as agreement with whatever decisions were made by the other party or parties involved. This underscores why it’s important to make sure that both spouses fully understand their rights and obligations during the divorce process.

Types of Response

In either case, it’s essential to work with an experienced family law attorney who can help guide you through this process – especially if there are complex financial issues or disagreements related to child custody involved.

Discovery Process

If you’re going through a litigated divorce in Louisiana, it’s important to work closely with your attorney during the discovery phase so that you understand what information needs to be provided and what rights you have when it comes to requesting information from your spouse.

Disclosure of Assets and Liabilities

When going through a divorce in Louisiana, both spouses are required to disclose all of their assets and liabilities. Here are some key things to know about this process:

Community property: Louisiana is a community property state, which means that most assets acquired during the marriage belong equally to both spouses (regardless of who earned or purchased them). This can include things like real estate, retirement accounts, and even debts.
Mandatory disclosure: As part of the divorce process, both spouses are required to submit financial disclosures detailing all of their assets and liabilities. This information must be provided under oath and penalties can apply if either spouse fails to provide accurate information.

If you’re concerned about what might happen with your assets or debts during a divorce in Louisiana, it’s important to consult with an experienced family law attorney who can help guide you through the disclosure process and protect your interests.

Interrogatories and Depositions

As part of the divorce process in Louisiana, it’s not uncommon for one or both parties to need to answer interrogatories (written questions) and/or give depositions (verbal testimony given under oath). Here are some key things to know about these aspects of the process:

Interrogatories: Interrogatories are a series of written questions that one party sends to the other. These questions can cover a wide range of topics related to your marriage and separation, including financial matters, custody arrangements, and more.
Depositions: A deposition is an oral statement given under oath outside of court. It typically takes place in a conference room with both parties’ attorneys present, as well as a stenographer who records everything said during the deposition. Depositions can be used as evidence later on if your case goes to trial.

If you’re asked to answer interrogatories or give a deposition during your divorce proceedings, it’s important to take them seriously – but also make sure you understand your rights throughout the process. An experienced family law attorney can help guide you through this aspect of your divorce and ensure that your interests are protected at every step along the way.

Mediation and Settlement Negotiations

If you’re interested in exploring either mediation or settlement negotiations as options for your divorce, it’s important to work with an experienced family law attorney who can guide you through the process from start to finish.

Benefits of Mediation

If you and your spouse are considering divorce, one option to consider is mediation. Here are some potential benefits of this approach:

Less expensive: Mediation can be a more cost-effective way to resolve issues related to your separation, as it typically involves fewer court appearances and less time spent on legal preparation.
Faster resolution: Because you’re working collaboratively with your spouse (and possibly a mediator), you may be able to reach mutually agreeable solutions faster than if you go through litigation.
More control over the outcome: In mediation, both parties have an equal say in how issues like property division and child custody will be resolved – which means that you may end up feeling more satisfied with the final outcome.

Note that while there are many benefits associated with mediation, it’s not always the right choice for everyone. If there is a significant power imbalance between you and your spouse or if one party has been abusive during the marriage, for example, other options (like litigation) may make more sense.

Court-Ordered Mediation

Court-ordered mediation can be a useful tool for many couples going through a divorce, as it allows them to work collaboratively towards reaching an agreement without having to go through expensive and time-consuming litigation. That said, if there is significant conflict between you and your spouse (or if one party is unwilling to negotiate), mediation may not be successful – in these cases, litigation may be necessary.

Trial and Final Judgment

It’s worth noting that while many couples are able to reach mutually agreeable solutions without going through trial (for example, by working together collaboratively with their attorneys or using mediation), sometimes litigation is necessary in order to protect each party’s interests.

If you’re considering getting divorced in Louisiana, it’s important to consult with an experienced family law attorney who can help guide you through this process – from filing paperwork all the way through reaching a final settlement or going through trial if necessary.

Pretrial Conference

One important step in the divorce process is the pretrial conference. Here’s what you need to know:

A pretrial conference is a meeting between you, your spouse, and a judge or court official who will be overseeing your case.
The purpose of this meeting is to discuss key issues related to your separation (like property division and child custody) and try to come up with mutually agreeable solutions without having to go through litigation.
If you’re able to reach an agreement on these issues during the pretrial conference, that agreement will be put in writing and submitted for approval by the court. If not, then your case may move forward towards trial.

In Louisiana, attending a pretrial conference is mandatory if you are going through litigation – so it’s important to come prepared with any relevant documentation or information that can help facilitate productive discussions about how best to resolve any outstanding issues related to your separation.

Final Hearing

If you’re nervous about attending this type of legal proceeding or unsure what to expect during it, consider working with an experienced family law attorney who can provide guidance and support throughout every step of the process.

Issuance of Final Judgment

Once the final judgment has been signed by both parties and entered into court records, there may still be additional steps required in order for everything to be fully resolved. For example:

If there are assets or debts that need to be divided up (like real estate or retirement accounts), paperwork may need to be filed with various government agencies in order for these transfers to take place legally.
If child support is involved, payments will need to begin as soon as possible – often within 30 days of when the final judgment was entered into court records.

Your attorney can help guide you through each step of this process so that everything goes smoothly and nothing falls through the cracks.

Factors That Can Affect the Length of a Divorce in Louisiana

There are several factors that can impact how long it takes to get divorced in Louisiana. Here are some of the most important:

Residency requirements: As noted earlier, at least one spouse must have been a resident of Louisiana for at least six months before filing for divorce.
Type of divorce: If you and your spouse are able to work together collaboratively and reach an agreement on key issues like property division and child custody, you may be able to get divorced more quickly than if these issues need to be resolved through litigation.
The court’s schedule: Depending on where you live in Louisiana, there may be a backlog of cases waiting to be heard by a judge – which means your case could take longer to move through the system.

If you’re looking to expedite the divorce process as much as possible, working with an experienced family law attorney is often the best approach. A skilled attorney can help ensure that all paperwork is filed correctly, negotiate effectively on your behalf when necessary, and generally guide you through every step of this complex process.

Complexity of Assets and Liabilities

If you have significant assets or liabilities (or own complex types of property like investment real estate), it’s important to work with an experienced attorney who can help you navigate these issues effectively. This can help streamline the divorce process and ensure that your interests are protected throughout.

High-Value Assets

If you’re going through a high-asset divorce in Louisiana, it’s essential to work with an experienced family law attorney who understands how these types of cases work. Your lawyer can help ensure that all relevant assets are accounted for and properly valued so that you receive a fair settlement.

Business Ownership

If you’re facing a situation where you and your spouse both have ownership interests in a business (whether that’s an LLC, partnership, corporation, or something else), it’s crucial to work with an experienced family law attorney who understands how these assets should be handled during divorce proceedings. With their guidance and support, you’ll be better equipped to make informed decisions about what makes sense for your future post-divorce.

Disputes Over Child Custody and Support

If you’re having trouble resolving disputes related to child custody or support during your divorce proceedings, it’s important to work with an experienced family law attorney who can help you understand your rights and advocate for your interests. Ultimately, it’s crucial that both parents put their children first – even if they don’t see eye-to-eye on every issue – so that everyone can move forward as positively as possible after the divorce is finalized.

Child Custody Arrangements

One of the most important issues to consider when getting divorced in Louisiana is child custody. Here are some key things to keep in mind about how child custody works:

Louisiana courts make decisions about child custody based on what they believe will be in the best interests of the children involved.
There are two main types of custody arrangements: physical and legal. Physical custody refers to where the child lives, while legal custody refers to who has decision-making authority for important matters related to the child’s upbringing (like education or medical treatment).
In many cases, parents will share joint physical and/or legal custody – meaning that they’ll both have a say in raising their children even if they don’t live together.

If you’re going through a divorce with children involved, it’s important to work with an experienced family law attorney who can help guide you through these complex issues and ensure that your rights as a parent are protected throughout the process.

Child Support Payments

One of the key issues that often needs to be addressed during a divorce is child support payments. Here are some important things to know about how child support works in Louisiana:

The amount of child support paid will depend on a number of factors, including each parent’s income and the amount of time each parent spends with the children.
In general, Louisiana follows what’s known as an “income shares” model for calculating child support. This means that both parents’ incomes are taken into account when determining how much child support should be paid – regardless of whether one parent has primary custody or not.
If you’re ordered to pay child support but fall behind on your payments, there can be serious consequences – including wage garnishment, tax refund interception, and even jail time in extreme cases.

If you have concerns about paying or receiving child support as part of your divorce settlement, it’s important to consult with an experienced family law attorney who can help ensure that your rights and interests are protected throughout the process.

Spouse Cooperation and Communication

If you’re struggling with communication issues or feel like there are underlying conflicts that are preventing progress from being made in your divorce proceedings, don’t hesitate to reach out for professional help (like counseling or therapy). In many cases, having an objective third party involved can make all the difference.

Willingness to Negotiate

It’s also worth noting that even if you and your spouse don’t see eye-to-eye on every issue at the outset of the divorce process, there may still be opportunities for compromise down the line. An experienced family law attorney can help guide you through these negotiations and ensure that your rights and interests are protected throughout the process.

Conflict Resolution Skills

One of the most important things to keep in mind during any type of divorce is the importance of conflict resolution skills. Even if you and your spouse are able to work together collaboratively, it’s likely that there will be some areas where you disagree or have different opinions. Here are a few tips for navigating these difficult conversations:

Listen actively: Make sure that you’re really hearing what your spouse has to say, rather than just waiting for them to finish speaking so that you can make your own point.
Avoid making assumptions: Try not to jump to conclusions about what your spouse is thinking or feeling – instead, ask clarifying questions if something isn’t clear.
Be respectful: Even when tensions run high (as they often do during divorces), strive to treat each other with respect and kindness. This can help preserve relationships – particularly those involving children – after the divorce is finalized.

If you find that it’s hard to communicate effectively with your spouse during this time, consider working with a therapist or counselor who specializes in helping couples navigate difficult transitions like divorce.

Court Backlog and Case Load

It’s also important to be aware that the court system in Louisiana can sometimes experience backlogs and delays due to high case loads. Here are a few things to keep in mind:

Even if you and your spouse agree on everything related to your divorce, it may still take several months for the court to process your paperwork and issue a final decree of divorce.
If you’re going through litigation or another type of contested divorce, it could take even longer for your case to be resolved – potentially stretching out over the course of many months or even years.

To avoid getting stuck in this backlog, it’s a good idea to work with an experienced family law attorney who can help guide you through the process as efficiently as possible. Your attorney may be able to advise you on strategies like mediation or other alternative dispute resolution methods that can help speed up the process.

Impact of COVID-19

Ultimately, if you’re considering getting divorced during this time, it’s important to work closely with an experienced family law attorney who can help guide you through any unexpected challenges that arise due to COVID-19 restrictions.

Hiring an Attorney to Expedite the Process

Beyond these specific benefits, hiring an attorney can also give you peace of mind during what is likely already a very stressful time. Knowing that someone is fighting for your rights and interests throughout the divorce process may help alleviate some of the anxiety associated with this major life change.

All told, while it’s possible to get divorced without hiring an attorney, doing so puts you at risk of making costly mistakes or not getting everything that you’re entitled to under Louisiana law. By working with a qualified legal professional from start to finish, however, you’ll have access to expert guidance and advocacy as well as more efficient resolution of disputes related to property division and other key aspects of your separation.

Conclusion

If you’re considering getting divorced, it’s important to work with an experienced family law attorney who can guide you through the process and ensure that your rights are protected every step of the way. While divorce is never easy, having a knowledgeable advocate by your side can make all the difference in achieving a favorable outcome.

Summary of Key Points

If you’re considering getting divorced in Louisiana, be sure to work closely with an experienced family law attorney who can guide you through the process and ensure that your rights are protected throughout. With careful planning and preparation, it’s possible for even complex divorces to be resolved smoothly and amicably, allowing all parties involved – including any children –to move forward into a new chapter of their lives with confidence.

Final Thoughts and Recommendations.

If you’re considering getting divorced in Louisiana, take comfort in knowing that there are resources available to help you every step of the way. With patience, support from loved ones, and professional guidance from an experienced attorney or mediator where appropriate – you’ll get through this challenging time.

FAQ on ‘How Long Does a Divorce Take in Louisiana’

Q: Can I speed up the process?

A: There are some circumstances that may allow you to expedite the divorce process in Louisiana, such as if you and your spouse can reach a settlement agreement quickly or if there are urgent matters such as domestic abuse or child custody issues.

Q: What are the grounds for divorce in Louisiana?

A: Louisiana is a “no-fault” divorce state, meaning that couples can obtain a divorce without having to prove fault or wrongdoing by either party. However, there are still certain legal grounds under which a court may grant a divorce, such as adultery, conviction of a felony, and living separate and apart for more than one year.

Q: Do I need an attorney to file for divorce in Louisiana?

A: While it is possible to file for divorce without an attorney in Louisiana, it is recommended that you consult with an experienced family law attorney who can guide you through the process and ensure your rights are protected.

Q: Can I remarry immediately after my divorce is final?

A: Yes. Once your divorce has been finalized in Louisiana, you are free to remarry immediately if you so choose.