Louisiana Divorce Procedures

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Every nation in the world has developed laws related to domestic relations. One of the common problems amongst the people of our times is regarding marriage. Couples seek divorce when they feel that there is no chance to improve the relationship. Problems like frustration, ego clashes, financial issues, incompatibility, and sexual abuse are some of the major causes of divorce. Married partners take refuge to laws, so that they can put an end to these issues and live life freely. Divorce laws and procedures vary from nation to nation, state to state. If your relationship is on the verge of breaking, and if you want to get divorced in the state of Louisiana, it is necessary that you follow the Louisiana divorce procedures.

Every divorce case is unique because the reasons for divorce differ from one case to another. Similarly, divorce procedures also differ. But there are some common processes that are followed in almost all divorce cases. For example, the first step is that the Petitioner files a divorce petition. Then, this petition is served to the Respondent. The respondent has the liberty to answer this petition. Depending on the circumstances, a trial may be held.

The common divorce processes that are followed in Louisiana are given below:

Commencing Louisiana Divorce Procedure

When one decides to file a divorce, he or she accosts a lawyer to assist in handing the divorce procedure. In the initial stage, the attorney demands the following information from the client.

Personal Information

• Names, addresses, phone numbers, ages, places of birth, Social security numbers and social insurance numbers of the divorcing partners and their children
• Mental and physical health of all those involved
• Immigration or green card information

Marital Information

• Date and place of marriage
• Whether a prenuptial or post nuptial agreement was signed or not
• Were any of the divorcing partners married previously?
• Regarding child custody and child support, are the divorcing partners anticipating any issues?

Economical scenario

• Prior to the marriage, what were the debts and assets of the divorcing partners?
• The income and expenditure of both divorcing partners
• Have the divorcing partners invested in any pension or insurance plan? If yes, what is the amount
• Presently, how much property do the divorcing partners own? Was it attained prior to or after marriage?
• Is there any mortgage?
• How much are the expenses of the children?
• The elements of the monthly budget

Legal Documents

• Are the divorcing partners entangled in any pending or prior litigations?
• Have the divorcing partners filed for bankruptcy in the past or do they intend to do so in the future?

After the lawyer collects all the above data, the attorney starts drafting the essential paperwork. The first and foremost step is the preparation of the divorce petition by the lawyer. This comprises of information about the partners’ marriage, residences, and children.

Louisiana Divorce Procedure by default

After the Respondent receives the Petition for divorce, there is no requirement that the Respondent must answer this petition. The Petitioner enters a motion titled "Rule to Show Cause" with the court, for procuring the final judgment of divorce. In Louisiana, each judicial district has laid down specific individual rules related to divorce actions. As a consequence of this, it is essential that the Petitioner must understand the rules in a specific judicial district by referring to Louisiana Rules of Court.

Louisiana 102 and 103 no-fault divorce processes

In Louisiana most of the divorcing couples opt for "no-fault" divorce procedure. The divorcing partner who desires this sort of divorce has to adhere to Civil Code Article 102 or Article 103. The divorcing couple has to remain separate for 180 days if they have no children, and 365 days if they have minor children. There are 2 stages in this 102 divorce which are mentioned below:

• The Petition is filed and served
• After the date the Petition is served, a period of 180 days should pass after which a motion is filed demanding that the divorce should be finalized

Following this motion, there must be a hearing, where it must be proved that since the service, the divorcing partners have resided apart and separate for minimum 180 days.

If the divorcing parties have already served the period (with or without children) as mentioned above, they can go for a 103 divorce.

A divorce is preferable than a corrosive-marriage. But then a divorce is better only when it is fought and won in a judicious way. When you are in Louisiana, you must follow Louisiana divorce procedures so that the divorce that you get, influence your future lifestyle positively.

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