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The divorce process is long, complicated, and confusing, but it doesn’t have to be. By knowing where to start, what to expect, and which issues to address, you can best position yourself to overcome many of the obstacles you may be faced with during a divorce. This guide, written by The Louisiana Family Law Firm, will give you an overview of the process, laws, and issues surrounding divorce in Louisiana.
The first step in a divorce is to determine if divorce is necessary, unavoidable, or already decided. Often this answer will be clear. Often you or your spouse will have already decided on a divorce. If this is unclear, however, take steps to repair your marriage before proceeding with a divorce. Divorce should always be your last resort, not your first step.
Once you have decided that divorce is the best option for you and your family, or that it is unavoidable, you should begin divorce preparation. Take a deep breath and examine what you have going on. Consider your finances, your emotional state, and your resources. It can be very helpful to take the time to create an exit strategy.
Make a projected budget. This is an important first step that will give you the clarity to understand your financial needs moving forward. Take the time to fully understand your income and expenses.
Protect sensitive and private information. Change your email and computer passwords along with other important login information. While you may not necessarily be doing anything wrong, divorce is an emotional time and you should protect yourself from any negative actions your spouse may intentionally or unintentionally take against you with the access they have to your private accounts.
Sever financial ties by opening your own bank account. Keep enough funds to support yourself and your children pending a divorce. Be careful not to transfer funds that could possibly belong to your spouse.
Keep a journal of all facts, times, dates, and events surrounding your marriage, children, and divorce. This will likely be helpful for you and your lawyer moving forward.
Speak with an attorney about your rights and get advice specific to your situation. Divorce is a complicated process. It will be very helpful to spend an hour or two getting advice about how to move forward and better work through your specific needs.
Take the time to talk to your spouse about wanting a divorce. This will likely be a difficult conversation, but it is a necessary step. Take the time to explain, calmly and with clarity, your intentions with the divorce. This is an opportunity to mitigate the irreparable trauma and complications of the divorce.
When you are ready, reach out to your close family and friends for support. The divorce process can be long and frustrating. Those nearest to you are often the ones who can help you the most during this difficult time.
Divorces are filled with complex legal, financial, and emotional issues that vary from person to person. Therefore, you should choose an attorney who is best suited for you and your particular circumstances. To get started, you will want to choose an attorney who is experienced in family law and who has a good reputation. Reach out to friends and family to ask if they can recommend an attorney. Or visit professional websites such as LinkedIn and Avvo. These websites will provide you with information about potential attorneys, reviews, and helpful links.
Once you have identified a list of potential family law attorneys, your next step is to call the attorney’s office and ask to discuss your case. This is a great opportunity to ask about the firm’s experience, costs, and how they can assist you given your specific needs. Then, when you feel comfortable and confident with an attorney, should you hire one.
When speaking with a potential attorney, here are a few questions you may consider asking:
102 and 103(1) Divorce
Adultery, felony conviction, and domestic violence
Marriage Annulment - relatively null or absolutely null
What is the simplest way to get divorced in Louisiana?
For divorce lawyers, this is a very common question. Louisiana provides for fault and no-fault divorce options. There are three fault-based options when a spouse has (1) committed adultery, (2) been convicted of a felony and sentenced to death or hard labor, or (3) committed abuse against the spouse or a child of one of the spouses.
Most divorces pursue the no-fault option, a 102 or 103.1 divorce. Under a 102 divorce, a spouse can file a petition for divorce, alleging jurisdiction and venue, and request a judgment of divorce after the parties have lived separate and apart from the service of the petition or written waiver of service for a period of 180 days. If there are minor children in the marriage, the spouses must live separately and apart continuously for 365 days. For a 103.1 divorce, the parties must live separately apart before filing the petition. The same time periods for the 102 divorces apply to a 103.1 divorce, 180 days for couples with no minor children, or 365 days for couples with minor children. Separation by the spouses must be voluntary by at least one of the parties, so long as separation is made clear to the other party
Whether you are proceeding with a divorce on your own or with the assistance of our law firm, the divorce follows the same process.
The process formally begins with the filing of a petition for divorce with the clerk of court. An experienced family law attorney can assist with drafting this document, or you can use the forms made available by The East Baton Rouge Family Court. Once the documents have been properly completed and notarized, they must then be filed with the clerk of court and the required filing fee must be provided.
Your spouse must then be served. This is typically requested at the end of the petition for divorce, but it can be waived by both you and your spouse when filing. If service has not been waived, the sheriff will then give the spouse notice of your filing. Your spouse then has 15 days from the date of service to respond. You may call the clerk of court a few weeks after filing to find out if your spouse has been served.
This part of the process is typically best handled by an attorney, but it can be avoided if the spouses agree to the terms of the divorce or there are no significant complications or disputes as to the facts of the case.
Following discovery, the parties will have the opportunity to settle their disagreements through negotiations between themselves, with the assistance of lawyers, or by using a professional mediator. Like discovery, this aspect of the process is not needed if the divorce is uncontested.
You will need to contact the judge’s office to schedule a court date a few weeks after service, or after the discovery period. A date will then be set and you will need to appear at the court on the assigned date and time to finalize your divorce or have your disputes heard by a judge.
At the conclusion of your trial, the judge will likely grant the divorce and sign a judgment of divorce. This may have been included in your filing or you may need to send this shortly after the trial. Once this document is signed, you are officially divorced.
In Louisiana, there are four main areas for most divorces. Each area of divorce has its own unique challenges and requires a different approach. When hiring an attorney, ask how they can accomplish your specific goals with regard to each area of your divorce.
Child Custody defines the relationship between both divorcing parents and their minor children.
Child Support is financial support that is paid from one parent to another to help pay for the various costs associated with raising the minor children.
Louisiana is a community property state where upon divorce each spouse generally shares and divides marital assets equally.
Spousal Support, also referred to as Alimony, is an allowance out of one spouse's (or ex-spouse's) separate estate for the support of the other spouse when the spouses are living separately.
Understanding the cost of a divorce is very important for every client. Divorce is a complicated issue before having the added concern of hiring an attorney. Therefore it is important that you speak with your attorney about the cost of hiring an attorney when your case starts and to have the discussion as the case progresses.
Each attorney will approach answering this question differently, but you should expect your attorney to tell you it is challenging to provide an accurate estimate for a divorce upfront. The reason is that many factors contribute to the legal costs and many are outside the control of both you and your attorney. Occasionally, expenses will arise unexpectedly such as the need to hold an unplanned deposition, the hiring of forensic accountants to uncover hidden assets or the hiring of an expert custody witness.
Considering this, your attorney will be able to speak with you about the specifics of your case, and your goals, and then provide you with an estimate moving forward.
Every case is different and each individual’s specific issues will impact the total cost of a divorce. As a general rule, factors such as the divorce being contested, the presence of minor children, and having high value assets will raise the overall cost of a divorce. Lawyers.com surveyed Louisiana attorneys and provided an estimate of the average cost of divorces in Louisiana. The found that the average Louisiana divorce cost $12,600. For divorces with minor children, this average rose to $18,900. While the survey did not include the cost for uncontested divorces, these have much lower costs than those that require a large amount of legal work. During your initial meeting with a lawyer or while interviewing potential attorneys, each should be able to estimate the potential costs for your specific divorce.
If your divorce is uncontested, your divorce could cost you very little. However, if your divorce is contested or has any of the above-mentioned factors, the cost can quickly rise. Speak with your attorney about strategies to accomplish your goals during a divorce while also keeping costs minimal. There are many things that you and your lawyer can do to limit the expense of a divorce. This often includes pursuing mediation or a settlement to avoid long and expensive trials.
What is the difference between a contested divorce and an uncontested divorce?
We encourage our clients to ask questions regarding their case. Sometimes the questions are common, and sometimes they are not. We do our best to answer them all. Check out our Divorce FAQ (frequently asked questions) page to see what questions are most commonly asked.
We understand that facing or pursuing a divorce may be very challenging and likely has you feeling overwhelmed, scared, angry, or confused. Let us help. Together we can discuss your individual situation and how to begin moving you toward your goals. Then, we can discuss if working with our firm is right for you.
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