Louisiana divorce procedures

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Commonly Asked Questions about Louisiana divorce procedures

How long do you have to be separated before divorce is automatic in Louisiana?

Article 103 no-fault divorces are for spouses who have already been living separate and apart for the required waiting period, which is either 180 or 365 days. If there are no minor children, or if there is physical or sexual abuse, then the waiting period is 180 days.

What qualifies a spouse for alimony in Louisiana?

Final spousal support is the ongoing or final obligation to pay support after interim spousal support ends. To be eligible for final spousal support, a spouse must be free from fault and in need of support.

Who gets house in divorce in Louisiana?

When it comes to deciding who gets to keep the family home after the divorce is final, Louisiana law doesnt favor either spouse. If you and your spouse own your home and cant agree on what to do with it, the judge will make a decision based on the specific circumstances in your case.

How long does it take to get divorced in Louisiana?

Once the petition is filed and served to the other spouse, theres a waiting period that must be observed before the divorce can be finalized. For couples living without children, the waiting period is 180 days. For couples with children, its 365 days.

Who gets the car in a divorce in Louisiana?

Even if only one spouses name is on the title of any cars, boats, trailers or RVs, in Louisiana, the other spouse still has a half interest in the item if it was purchased during the marriage.

Does adultery affect divorce in Louisiana?

The grounds for divorce in Louisiana include both fault and no-fault reasons. Among the fault-based grounds, you may get a divorce if the judge finds that your spouse has committed adultery.

Can I file for divorce in Louisiana without a lawyer?

Yes. The law allows you to file for a divorce without a lawyer. However, it is always better to seek the assistance of a lawyer, especially if you have children and/or community property. You should also keep in mind that neither the Judge nor the Clerk of Courts office can give you legal advice.

What is the wife entitled to in a divorce in Louisiana?

Louisiana Revised Statute 9:2801 states that the Court will divide all of the community assets and liabilities and assign them to each spouse so that each spouse receives property of an equal net value.