When Your Louisiana Marriage Is Heading For Its End
No one wants to anticipate an eventual divorce at the time of marriage. In fact, in Louisiana, couples have the opportunity to enter into covenant marriages with counseling requirements and specific reasons for which a divorce is obtainable. Married couples can transition to covenant marriages as well. But even covenant marriages sometimes become untenable, and one or both spouses may need a legal solution to bring it to an end.
Regardless of whether you and your spouse have a covenant marriage, you can petition for a divorce in Louisiana if you have lived apart for a minimum of:
- Six months (in a non-covenant marriage)
- Two years (in a covenant marriage)
In a covenant marriage, you may also need to show that your spouse committed adultery, committed a felony, was habitually intemperate (abusing alcohol or drugs) or was cruel. To verify eligibility requirements for your divorce, consult with a knowledgeable Louisiana divorce attorney.
Ours Are Experienced, Compassionate And Skilled Family Lawyers In Baton Rouge
At Clary | Suba | Neale, our family law attorneys have more than 75 combined years of experience. They understand every path to a Louisiana divorce that a person can take. Clients look to them for guidance through all aspects of their divorces, including:
- Property division (legally known as community property partition in Louisiana)
- Spousal support (alimony)
- Child custody, visitation (parenting time) and child support
Let our divorce lawyers in Denham Springs and Baton Rouge take you step by step through negotiations, mediation or litigation, if your case leads to a trial before a judge and jury. Their pride and joy as attorneys is our firm’s reputation for integrity and leadership. They apply these qualities in their counsel for people seeking divorces even when they bring extra tough challenges, such as:
- A history of domestic violence or abuse
- Addiction, adultery or wonton waste of marital assets
If your spouse is opposed to getting a divorce, you can still go through with it if the two of you have lived apart for six months to two years or longer. Perhaps it is divorce planning that you need. Ours are the right divorce attorneys in Denham Springs to ask for information and clear directions.
We also maintain a Dallas office for litigation of high-stakes, high-asset divorces in Texas.
Answers To Frequently Asked Questions About Louisiana Divorce
It is understandable to be filled with questions when considering divorce. Below, our Louisiana divorce attorneys have provided answers to some of the most common questions asked by prospective clients.
What are the grounds for divorce in Louisiana?
In Louisiana, you can file for divorce based on no-fault or fault grounds. Most couples who are not in a covenant marriage choose no-fault divorce, as it tends to be faster and less contentious. Fault-based divorces can be granted for reasons mentioned earlier on this page, including adultery, felony conviction, habitual intemperance, abuse or abandonment. There is often a waiting period in which couples must live apart before filing for divorce. In cases of abuse, however, you may not need to wait to file.
What is the process for filing for divorce in Baton Rouge?
To start the divorce process, you’ll need to file a petition for divorce at the clerk of court in the parish where you or your spouse live. After the petition is filed, your spouse must be served with the divorce papers. They will have a chance to respond, and you might have to provide financial information and attend hearings. It’s a good idea to consult with a family lawyer in Baton Rouge who can guide you through this process.
How is property divided in a Louisiana divorce?
Louisiana is a community property state. This means that most property and debts acquired during the marriage are considered to be owned equally by both spouses and will be split 50/50. However, property owned before the marriage, gifts and inheritances to one spouse are typically considered separate and are not divided. Our divorce lawyers in Denham Springs explain the process in greater detail on our division of property page.
What is the difference between legal separation and divorce?
Legal separation is only available to those in a covenant marriage, and only after the couple has tried counseling and one spouse has provided a legal reason for wanting the separation.
Like a divorce, legal separation can be used to address issues like child custody and property division, but you remain legally married. A divorce, on the other hand, legally ends the marriage.
How long does the divorce process typically take in Baton Rouge?
The time it takes to finalize a divorce can vary. A no-fault divorce can be relatively quick if you’ve already completed the separation period and agree on all terms. However, if there are disputes over children, property or other issues, the process can take longer – sometimes even years. After filing, the earliest a divorce can be finalized is typically after a 180- or 365-day separation period has passed, depending on whether you have children. Our divorce attorneys in Denham Springs can help you estimate a timeline for your divorce once they have examined the details of your case.
To Schedule A Consultation About A Louisiana Divorce, Contact Clary | Suba | Neale
If you are like most people, divorce could be one of the hardest ordeals of your life. The knowledge that our team brings to the table can strengthen your confidence as you prepare to move on with your life as a single person once again.
Request an appointment with one of our Louisiana divorce attorneys by calling 225-228-3694 or completing an online contact form.
