You have made the decision to get divorced. You may be ready for this part of your life to be over and a thing of the past. However, there is the legal process to keep in mind. Many people have numerous questions about the divorce process, which we can answer for you here and during a consultation.
Once you and your spouse make the decision to divorce, you can start living on your own and begin building your future. However, the legal process requires a few specific steps that do take some time. Under Louisiana divorce law, one of the following must be true for the court to grant divorce:
- The spouses must be living separately and apart for at least the requisite period of time
- The other spouse committed adultery.
- The other spouse physically or sexually abused the spouse or a child of the spouse during the marriage
- The other spouse committed a felony and has been sentenced to imprisonment or death
- A protective order or injunction was issued during the marriage against the other spouse to protect that spouse or a child
Our divorce attorneys in New Orleans will work with you to ensure you meet the requirements for filing for divorce under the state’s laws.
How long do you have to live apart to file for divorce in New Orleans?
One of the rules that must be followed is living apart for a set amount of time. The length of this is dependent on your specific circumstances. In a no-fault divorce, you must:
- Live separately for 180 days or more, if you and your spouse have no children under the age of 18 together
- Live separately for 365 days or more if you have children under the age of 18 together
How long does an uncontested simple divorce take in New Orleans?
When you have already lived separately for the required amount of time, an uncontested, no-fault divorce case can take a few weeks to several months to complete. This is dependent on when the divorce is signed and filing times. If there are complications, however, the process can become much longer, even taking several years. Working with an attorney can help avoid complications that could hold up your divorce.
How fast can a divorce be finalized in New Orleans?
Our New Orleans divorce attorney will always work closely with you to determine the best way to file for divorce to ensure the speediest results. However, the process can still take some time. If you have met the divorce separate living rules as they apply to your situation, it may take a few weeks to have a divorce finalized. More commonly, however, this takes a couple of months.
Also, note that an immediate divorce is possible in situations where a Protective Order has been issued against the other spouse and the hearing related to it has occurred. This is typically the case when there is physical or sexual abuse occurring to the spouse or to a child from the marriage.
How long does it take to file for divorce in New Orleans?
The actual process of filing for divorce only takes a short amount of time. Our attorneys can work closely with you to wrap up the process within a matter of a few days, with the actual filing taking place in about two weeks. However, the divorce process is often longer, requiring as long as 24 weeks to complete in some cases.
This length of time takes into account the necessary completion of paperwork, the filing of the legal documents with the court itself, and then waiting for the court to schedule your case. Unfortunately, there are often delays due to a backlog of cases in New Orleans. Once your case hearing occurs, it will then take a bit longer to finalize and file the final documentation of the divorce.
How long do you have to wait for a judge in divorce?
Typically, this is a big unknown in terms of the divorce filing process. Sometimes the process can take a few weeks, though this is a very loose figure. Our divorce attorneys are constantly working with the court system. When you meet with us, we can offer insight into what we are seeing right now and give you some feedback on what you can expect in your case.
What causes delays in New Orleans divorces?
The biggest impact you can make on speeding up the divorce filing in your case is simply avoiding common mistakes that lead to delays. By working with our New Orleans divorce attorneys, you will reduce this risk from occurring. Some of the most common delay factors include:
- A spouse refusing to provide necessary financial documents
- Division of assets, especially when there are numerous asset types of divide
- Child-related issues, including child custody and child support matters, that are not agreed upon by both parties
More so, it is not uncommon for the other spouse to change their mind or to have second thoughts about the process. This can cause delays and can also be hard to minimize.
The Law Office of James A Graham is ready to help you. How long does it take to file the divorce in New Orleans in your case? To find out, set up a consultation with us to discuss your divorce and the factors leading up to it. You will always get fair, transparent, and accurate insight from our legal team. We help individuals to move on with their future, and that starts with high-quality legal guidance and representation. Call our office or complete our contact form to schedule a consultation in New Orleans today. We serve all of South Louisiana.