Uncontested Divorce in Louisiana

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Generally a divorce is viewed as a troublesome affair. Owing to the fear of losing property, savings and emotional well-being, many people postpone this decision and suffer mentally. Today there are a number of alternatives to the lengthy, expensive and boring courtroom proceedings. These alternatives are termed as mediation, arbitration, etc. Another hassle-free option is to file for an uncontested case. This means that there is no disagreement between the divorcing partners regarding any issue and as such they want to get separated in a nice way without insulting each other. The number of uncontested cases in many countries is gradually increasing. All the states in the US have provisions for such cases. Louisiana in the Southern region in the USA has developed laws for uncontested process. Separating couples have to abide by these laws and procedures in order to obtain an uncontested divorce in Louisiana.

In Louisiana the divorcing partner who files the action is known as Plaintiff or Petitioner. The divorcing partner who responds to the action is called as the Defendant or Respondent. The District Court in the parish is the venue for filing the action.

We have gathered relevant information about uncontested divorces in Louisiana. Read this information carefully as it might help you in preparing for your case.

Types of Uncontested Case in Louisiana

An Agreed Divorce

Louisiana divorce laws and guidelines define an Agreed Divorce as a situation in which both the separating partners come to a conclusion mutually regarding the terms of the case such as, Louisiana child custody, distribution of property, etc. This process is preferred by a huge percentage of clients.

A Default Divorce

Louisiana divorce laws and guidelines define a Default Divorce as a situation in which the Respondent does not put down his or her signature on the Louisiana divorce papers or forms. This Respondent does not perform any action related to the case. In such a condition, the Petitioner is given whatever they ask for in the original paperwork.

Certain facts about Uncontested Divorce in Louisiana

• A majority of cases in this state are 102 or 103 No-fault uncontested actions and both these involve simple procedures.
• The 102 action proceeds as follows:
  • After the action is filed and the Respondent is served, the divorcing parties have to wait for 6 months.
  • After these six months, the Petitioner has to file a motion indicating that the finalization of the case should take place.
  • A hearing takes place, where it is proved that the divorcing partners have resided "apart and separate" for a period of six months after the service of the petition.
• The 103 action is identical to the 102 action. However, the difference is that in the 103 action, the divorcing partners can file for a case if they have already resided apart and separate for 180 days.

Residency Requirement

Louisiana state divorce laws require the filing spouse to be a resident of the state for a period of 12 months before the procedures starts. The action should be filed in the Parish of the Defendant or Respondent. It should also be put in writing.

Grounds for Divorce

This state allows a no-fault divorce. It is implied that the filing partner need not mention any reason like separation, fault or breakdown to initiate the action. The fact that the filing partner desires to terminate the marital status is enough reason.

Once the filing of the action is complete, the divorcing couples need to live apart and separate for 180 days when there are no children involved, and for 1 year if children are involved (as of January 1, 2007). After this duration is complete, the divorce is granted.

For a covenant marriage, the grounds for divorce are as follows:

• Abandonment for minimum 1 year
• Sexual or physical abuse
• The Respondent has committed a felony, and this has resulted in imprisonment or a death sentence.
• Adultery
• After the date of filing an action, the divorcing partners are residing apart and separate for 2 years.

If the partners desire to have a cooperative and healthy life post-divorce, one of the alternatives is to opt for an uncontested process in Louisiana. This will result in considerable saving of time and money on their part. Moreover, the partners can enjoy total control over their ongoing and take decisions according to their convenience.

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