Getting a divorce: The basics in Louisiana

On Behalf of | Apr 6, 2018 | Divorce |

If you want to get a divorce in Louisiana, the first thing you need to do is to determine if you want an at-fault or no-fault divorce. Louisiana does recognize both, but the most common is a no-fault divorce. In a no-fault divorce, you and your spouse agree that the marriage has broken down but do not place the blame on one person or the other. Choosing an at-fault divorce is normally best if you plan to try to seek custody of your child or have a dispute about your property and want to have an edge over your spouse.

There is a waiting period you must go through before your divorce. In Louisiana, the waiting period is 180 days after filing or the service of a divorce petition. That means that you and your spouse may not live together and must be separate for approximately six months before you can file for your actual divorce to become final.

Louisiana is a community property state. That means that most people have to divide their assets evenly, not equitably. If you don’t want to equally divide your assets, you will need to come up with a property division plan before you go to court. You and your spouse can make any type of agreement you’re happy with and the judge should agree barring any circumstances that make the division unacceptable.

Your attorneys can help you negotiate, or you may want to consider mediation to go through the negotiation process. With divorce, anything that can reduce conflict helps you move on faster and spend less money overall.

Source: FindLaw, “Louisiana Divorce Laws,” accessed April 06, 2018


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