Metairie Divorce Attorney

What You Should Know Before Filing For Divorce in Louisiana

There are two types of marriage in Louisiana: Covenant Marriage and Non-covenant marriage, and the laws governing divorce are different for each. We will discuss the laws governing standard marriages first:

 

No-Fault Divorce factors in Louisiana

Louisiana, like all states, allows for fault-based, and no-fault divorces. The advantage to a no-fault divorce is that it is much less expensive, and does not require either party to allege or prove any wrongdoing.  A no-fault divorce is the most common option when a couple has no children and/or has little jointly owned property. The grounds for a no-fault divorce in Louisiana are:

1. The parties have been separated from each other for 180 days and they have no children under the age of 18.
2. The parties have been separated from each other for 365 days and they do have children under the age of 18.

Separation requires that the parties have not lived in the same household for the entire statutory time period – if they attempt to reconcile and get back together, the separation period begins anew.

Either party may petition the court for a no-fault divorce, in the parish where either party resides, or in the parish in which they last resided together. If the petitioning party can prove that they have been separated for the required amount of time, the divorce will be automatically granted.

 

Fault grounds of Divorce

If the parties are not separated, either party may still file for divorce on one of the following grounds:

• Adultery
• Physical or sexual abuse of the spouse, or of a child or step-child
• Conviction of, and imprisonment for, a felony
• The issuance of a protective order against the spouse for physical or sexual abuse

The petitioning spouse may ask the court for temporary custody of children, temporary child or spousal support,  and temporary possession of the marital home while the divorce is pending. In some circumstances, the court may order one spouse to pay part or all of the other’s attorney’s fees.

Even if the divorce is granted on no-fault grounds, evidence of fault can be used in making decisions about child custody, child and spousal support, and property division.

 

Separation Agreements

In most no-fault divorces, the parties have already worked out the details of support, custody, and property division. Even in fault-based divorces, the parties, through negotiation and/or mediation, may be able to reach an agreement.  When the parties are able to reach an agreement, the details are set out in a written agreement, which becomes a part of the final divorce order, and can be enforced by the courts if either party fails to comply.

 

Louisiana Covenant Marriages

Louisiana is one of only three states that recognizes a separate and distinct type of marriage called Covenant Marriage. Before entering into a covenant marriage, a couple must undergo premarital counseling, and must sign a declaration of intent, stating their intent to live together as husband and wife for life. The couple must understand the importance and responsibilities involved in a covenant marriage and must agree to seek marital counseling before filing for divorce.

Divorce in a covenant marriage is intentionally difficult. Before separating or filing for divorce the couple must undergo marital counseling. Only after the counseling has been completed may they file for divorce.

The grounds for divorce from a covenant marriage are:

• Adultery.
• Conviction of a felony and with a sentence of imprisonment with hard labor or death.
• Abandonment for one year.
• The spouses have lived separately for two years.
• The parties have been legally separated and have lived separately for one year and six months, if they have children under the age of 18.
• The parties have been legally separated and have lived separately for one year, if the separation was granted for abuse.
• The parties have been legally separated,  have lived separately for one year, and do not have any children under the age of 18.

 

Legal Separation in Louisiana

Also called Separation Bed and Board, a legal separation may be granted in the following circumstances:

• Adultery.
• Conviction of a felony and with a sentence of imprisonment with hard labor or death.
• Abandonment for one year.
• Physical or sexual abuse of a spouse, child, or step-child.
• The parties have lived separately for two years.
• Cruelty or habitual intemperance, if the behavior makes living together impossible.

 

Residency Requirements in Louisiana

A person who is domiciled in Louisiana may file for divorce or legal separation.  You are domiciled in Louisiana if you have established a residence in the state for a continuous period of six months. A divorce action may be filed in the parish in which either party resides, or in the parish in which the parties last resided together. Filing in the correct parish is important – any orders entered by a court may be nullified if it is determined that the court lacked jurisdiction.

 

When Should You Call A Metairie Divorce Attorney?

• If your spouse files for a divorce on any fault grounds.
• If your spouse is guilty of adultery, cruelty, abuse, or abandonment.
• If your spouse files for divorce on a no-fault ground, but there are unresolved issues involving custody, visitation, support, or division of property.
• If you want to prepare a separation agreement or have been presented with a draft of a separation agreement.
• If you are thinking of filing for divorce, and have questions about your rights.

Divorce is always difficult, and you want an attorney who is able to fight for your rights, and who knows the local courts and judges. You also need a Metairie family law attorney who will treat you with compassion and dignity as you go through this stressful time in your life. Metairie divorce lawyer Candice Bennatt has the experience you need and the compassion you want. Call 504-777-3500 today to arrange a confidential consultation.