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Frequently Asked Questions

Is there a waiting period for a divorce?

Most divorces require that you and your spouse live separate and apart for 180 days, or 365 days if you have minor children. There are a few exceptions to this waiting period including cases involving abuse and adultery.

My wife/husband and I have children, but they are now adults. What is the waiting period for us to obtain a divorce?

If you do not have any children under the age of 18, the waiting period for a divorce is 180 days.

When does the waiting period for separation begin in Louisiana?

The waiting period for a divorce begins either from the date of filing for a divorce or from the day you began living separate and apart.

Does Louisiana require me or my husband/wife be at fault for our divorce?

No. Louisiana allows for a no-fault divorce and only requires that you remain separate and apart for the required period of time. This is the most common avenue for obtaining a divorce.

My spouse does not want to get a divorce. Can they stop me?

No. Louisiana does not require that both spouses agree to get a divorce. It only requires that you live separate and apart for the required period of time.

Where do I get divorced?

To get divorced in Louisiana, you must have been a resident for at least six months. You may then file for your divorce in either the parish where you reside, where your spouse resides or in the parish where you last lived together.

My spouse and I have gone out (on a date) since our separation. Is that considered a reconciliation?

As a general rule, reconciliation requires cohabitation and the resumption of marital status. Reconciliation during the waiting period for a divorce restarts the waiting period. Not all actions however raise to the level required for reconciliation and a court has discretion when determining if it has occurred. For example, a one-off sexual encounter will not meet this burden on its own. Every situation will be different and it’s important to speak with an experienced lawyer to determine if reconciliation has occurred.

My spouse had cheated on me. Can I divorce him/her?

You can likely obtain an immediate divorce if you can prove your spouse has committed adultery. This often requires presenting evidence or witnesses.

What do I do if I receive or am served with divorce papers?

First, understand that it is likely very important that you respond and that you only have a limited time to do so. Read over the document and if you are confused, concerned, or alarmed by any of its contents reach out to an attorney immediately.

Can I get free legal or divorce advice from a lawyer over the phone?

Every law firm has different policies when speaking with people over the phone. Most questions about your divorce are far too complex to receive a meaningful answer over a brief phone call. Therefore it is very helpful to meet with an attorney and speak in detail about your situation. For this many law firms charge a consultation fee.

How much does a divorce cost?

There is no average cost for a divorce due to there being many factors and unexpected expenses. Simple divorces however are generally much cheaper than a complex divorce, as divorce without minor children or with spouses who agree to the terms. After speaking with a lawyer, you will have a much clearer understanding of what your divorce will cost.

What issues will be determined during my divorce?

Matters such as child custody, visitation rights, child support, spousal support, and how to divide property are often determined during a divorce.

For comprehensive legal support in family matters, turn to Louisiana Family Law Firm. Our dedicated team is here to assist you. Contact us for information or visit one of our convenient locations. Your family’s well-being is our priority.

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