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Attorneys James R. “JR” Clary, Jr., Christopher S. Suba, Casey D. Neale and Briton J. Myer

Length of Louisiana divorce proceedings

On Behalf of | Jun 14, 2018 | Family Law

Life is unpredictable, and sometimes, despite your best efforts, things don’t go as planned. A divorce has the potential to disrupt every area of your life, but working with a quality attorney can reduce the time and trauma often associated with the process.

How long does a divorce take?

In Louisiana, the length of time to process a divorce varies based on circumstances.

  • No-fault divorce without children. State law requires that couples live separately for 180 days before filing for divorce. In a contested divorce, the process heads into the court system, where a judge takes as long as necessary to review your case before making it official.
  • No-fault divorce with children. The period of separation is 365 days before the couple is eligible to file, unless there is evidence of abuse. Again, a contested divorce will extend the length of time necessary for the courts to review the case before finalizing the divorce.
  • Fault-based divorce. In this case, the court system examines evidence of adultery or a felony conviction. There is no waiting period for fault-based divorce but courtroom resolution can take a significant amount of time.

Contested and uncontested divorces

A divorce is uncontested if both parties agree on the major issues: asset and debt distribution, child custody, child support and spousal support. If either party contests, the couple heads to court. A contested divorce only becomes final after the separation period and court resolution.

Having a knowledgeable partner in family law will help you achieve resolution in an expedited manner, allowing you and your family to start anew.