How We Can Help
Whether you are confident in your decision or facing an uncertain and worrisome future, we are here to be your advocate and your adviser. We care about getting the best outcome for you and your family, so we will work tirelessly and through all avenues of law, in that pursuit. Divorce affects every aspect for your life and threatens everything you value – family, money, property, and your future. That’s why you need our experience and expertise to help you move through these unsure times.
What To Expect
Our approach revolves around finding the best possible outcome for you and your family. We start by listening as you tell us your story and your ideal outcome. Then we build a unique case strategy designed for your unique situation with your goals in mind. Finally, we stand by your side throughout the process of executing on this strategy. We promise to advocate for your best interest while communicating transparently about your case proceedings and expected outcome.
Frequently Asked Questions
Below are a few commonly asked questions to help you familiarize with the process and requirements of divorce in Louisiana. Please don’t hesitate to contact us for further questions.
Where Do I Begin?
A: In order to obtain a divorce in Louisiana, you must be separated from your spouse for six months if you do not have any minor children, and one year if you do have minor children of the marriage.
What Does It Mean To Be Separated?
A: Nothing needs to be filed to start the clock on your separation. It is all about when you and your spouse intended to end the marriage. If you two have been living under the same roof, but in two separate bedrooms, are you living together as husband and wife? Do you portray to the outside world that you are still married? If the answer for both of you is no, then in the eyes of the court, you are separated.
What Can I Achieve Pending The Period Of Separation?
A: If you do not qualify for any other grounds for an immediate divorce, you have to be separated the requisite period of time. If you have minor children, this means a separation period of one year. A lot can happen in a year. What if your spouse decides to stop paying the car notes? What if your spouse kicks you out the family home? What if you cannot afford to find a place on your own because you have not worked in years? What if the two of you cannot decide on how to share custody of the children?
These matters can be taken care of before the divorce gets finalized. When filing for a 102 divorce (meaning you have not been separated long enough to get a divorce immediately), you can settle a lot of issues while you wait for the divorce to be finalized. Not only will filing for divorce terminate your community property regime, it can make the time you’re waiting for separation to be a lot less stressful. This time can be spent figuring things out.
The law allows a spouse to seek a multitude of things, including but not limited to: exclusive use of the marital home, or in the alternative, fair market rental value; temporary and permanent spousal support; child custody/support; an injunction preventing the other spouse from hiding/selling assets; etc.
When Does A Divorce Become Contested?
A: If your spouse files an answer to your divorce petition, it is now contested. An answer is filed when your spouse wishes to deny something in your petition, like the separation date you alleged. Or, an answer may include other incidental matters that you did not request in your original petition, like setting custody or asking for alimony.
What Are The Other Grounds For An Immediate Divorce?
A: The other four grounds for an immediate divorce are as follows:
Adultery - In Louisiana, to prove adultery, the cheating spouse's confession is not enough. You must have corroborating evidence to show at trial.
Felony conviction - If your spouse has been convicted of a felony, and sentenced to hard labor, you qualify for an immediate divorce.
Protective order - If the court has issued a permanent protective order against your spouse, after a hearing in court, you can use it as a ground for an immediate divorce. To get a protective order in East Baton Rouge, visit the 2nd floor of the 19th Judicial District Court, 300 North Boulevard.
Physical or Sexual abuse - If your spouse physically or sexually abused you or one of your children during the marriage, regardless of whether the other spouse was prosecuted for the act of abuse, you are entitled to an immediate divorce.