How Do I File for Divorce in Louisiana?
Every state of the United States of America has separate rules for divorce. Most of the laws are common but few states have some extra regulations which residents of that state must follow.
Each couple who wants to file for divorce has to follow separate protocols according to the laws of the state they are living in. In this blog, we will be discussing divorce laws in Louisiana.
According to a survey in 2019, divorce rate in Louisiana is around 12%. It is not included among the top 10 states of America having the highest divorce rate. Some other stats show that the average age for an American couple living in Louisiana going for their first divorce is 30 years and the average length of marriage for a Louisiana couple is around 8 years.
The US Census Bureau did another survey in 2019 which revealed that the marriage rate in Louisiana has fallen from 17.6 in 2009 to 14.1 in 2019. As a consequence, a massive decline in divorce rate is observed.
Filing a divorce in Louisiana
1) For filing a divorce in Louisiana, at least one member should have a domicile of Louisiana. To be domiciled in the state of Louisiana, a person must have established and maintained a residence in Louisiana for at least six months.
2) When a party files for a divorce in Louisiana, the party must have a reason for filing the divorce. There are two types of divorce in Louisiana. The first type is fault-based and the second type is no-fault based.
A fault based divorce means that one or both have have done something seriously wrong while being married. It can involve any kind of adultery, commission of a crime causing the spouse to be sentenced to life imprisonment or the death penalty, or physical or sexual abuse of the other spouse or the child of one of the spouses.
No-fault divorce means there is no specific fault according to the laws and the couple simply does not want to stay together. In this case, the married couple must live separately and apart for 180 days before filing a divorce. It takes less time for the court to grant a divorce if the couple has no children. If the couple has children, then the couple must be separated for 365 days or more before the court can grant the divorce.
3) Further, one party to the divorce must file a petition for divorce with the appropriate family court. To file for a divorce, a divorce filing fee must be paid. The fee ranges from 400 dollars to 600 dollars. In addition to the filing fee, there is the attorney fee. Differences in prices for attorneys are largely dependent upon complexity of the case and the experience of the lawyer. When the party seeking divorce has filed petition for divorce with the court, that party has to notify their spouse that they are seeking a divorce. This is called serving the other party. Some people refer to this as “serving papers.” Service of process is usually done by the sheriff.
4) When a couple is divorced, either spouse may request the family court judge to determine other matters incidental to the divorce such as child custody, visitation, or support of a minor child; support for a spouse; injunctive relief; use and occupancy of the family home or use of community movables or immovables; or use of personal property.
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Gaynell Williams LLC Attorney at Law offers a free initial consultation to discuss your case. The first consultation can be in person or it can be virtual, on the Internet. Call Gaynell Williams today at (504) 302-2462 for a free consultation as soon as possible. We will work around your schedule. New Orleans lawyers Gaynell Williams LLC Attorney at Law have offices in Gretna and Downtown New Orleans by appointment only.
This information has been provided for informational purposes only and is not intended and should not be construed to constitute legal advice. Please consult your attorney in connection with any specific situation under Louisiana law and the applicable state or local laws that may affect your legal rights.
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