In Louisiana, divorce is the legal end to a marriage. Assets are divided, custody determined, and alimony or child support calculated. An experienced divorce lawyer can guide you through the process of legally dividing your property and debt, as well as filing the necessary paperwork. If needed, a skilled divorce lawyer will also protect your interests through litigation if your divorce cannot be settled outside the courtroom.
Divorce in Louisiana
Choosing to end a marriage is usually a difficult decision to make. The state of Louisiana takes divorce seriously and has put provisions in place to ensure it is not a decision made in haste.
Separation requirement. To file a no-fault divorce, couples with no children must live separately for at least six months. Couples with children must live separately for at least one year. This separation does not mean in separate bedrooms, one spouse must physically leave the residence for the specified period of time.
Covenant marriage counseling. Couples who enter into a covenant marriage, filing legally binding paperwork agreeing to be married to each other for life, must seek marriage counseling before filing for divorce. These couples cannot file a no-fault divorce but must cite grounds for divorce.
Grounds for divorce. In a standard marriage, if you are unable to meet the separation requirement for a no-fault divorce, you must file grounds for divorce. In both standard and covenant marriages, grounds for divorce include
- felony conviction with a sentence of death or hard labor,
- physical or sexual abuse of a spouse or child, or
- a protective order or injunction during the marriage to protect against abuse.
Spouses in a covenant marriage may file for divorce after living separately for at least 12 months from the date of legal separation or 18 months for couples with children. Additional grounds for divorce from a covenant marriage include
- abandonment for a year or more, or
- legal separation for at least two years.
Whether or not you are seeking a no-fault divorce the legal process of divorce is complex, between property division, custody decisions, and support, it is wise to seek advice from an experienced divorce lawyer near you.
Property Division in Louisiana
In Louisiana, the legal property division process after divorce requires equal division of property, unless otherwise specified in a pre- or postnuptial agreement. Couples often have difficulty amicably coming to these decisions and require a divorce attorney to negotiate the marital separation agreement.
Assets owned by either spouse prior to marriage are not considered community property. These assets will be considered separate property and not required to be split equally.
The Best Divorce Attorney, Lafayette, Louisiana
If you are in the Lafayette, Louisiana area and facing divorce, contact The Law Offices of Tony Morrow. The attorneys and staff are committed to bringing respect and compassion to their work, making the difficulties of divorce a little easier for their clients.