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There are two types of divorces in Louisiana: fault and no-fault. In a fault divorce, one of the spouses did something wrong that made the marriage fail. Meanwhile, in a no-fault divorce, neither party did anything that was necessarily wrong, and the marriage merely failed on its own.
What is the difference between a 102 and 103 divorce in Louisiana?
Generally, an article 103 divorce will be simpler, faster, and cheaper. Both divorces require a petition. But, an article 102 divorce requires the extra step of a Rule to Show Cause when the required separation periods are met. By comparison, in most cases, an article 103 divorce can be obtained by a default judgment.
What are the three types of exceptions in Louisiana?
The declinatory exception, the dilatory exception, and the peremptory exception when pleaded before or in the answer shall be tried and decided in advance of the trial of the case.
How to file a 102 divorce in Louisiana?
With an Article 102 divorce, you will file a Rule to Show Cause/Rule for Final Divorce along with Verified Affidavits and Defendants Acceptance and Waiver of Service of the Rule to Show Cause from the date your spouse signed the Waiver of Service. Shortly thereafter, you will attend a hearing to finalize the divorce.
How long does a 103 divorce take in Louisiana?
If there are no minor children, or if there is physical or sexual abuse, then the waiting period is 180 days. If there are minor children, then the waiting period is 365 days. Parties to an Article 103 divorce can normally get a final judgment of divorce within one month of the papers being filed.
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People also ask
What is a wife entitled to in a divorce settlement in Louisiana?
Any property or income acquired during the marriage is classified as community property, while assets owed before the marriage or received as gifts or inheritances are considered separate property. During a divorce, courts aim to divide community property equally unless both spouses agree to a different arrangement.
Is it better to be the one who filed for divorce?
It does not make any difference who files first. What matters, in a long term marriage such as yours, is making sure that your economic future is protected.
Related links
Louisiana Laws - Louisiana State Legislature
TITLE V - DIVORCE. CHAPTER 1. THE DIVORCE ACTION. Art. 102. Judgment of divorce; living separate and apart prior to rule. Except in the case of a covenant
The values of the continuing calibration check samples ranged from 94% to 102% of the nominal value. All samples were within the acceptable range. A total of
3.4 Selecting the Type of Divorce | Louisiana Legal Services
The procedures for Article 102 divorces allow the court to issue some interim orders to ensure that a spouse or children will have basic support, a place to
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