Divorce Q&A

Divorce: Frequently Asked Questions

How Long Does it Take to Get a Divorce in Louisiana?

In Louisiana, the timeline for obtaining a divorce is dependent upon the amount of time that you have lived separate and apart. In a non-covenant marriage, the parties must live separate and apart for 180 days if there are no minor children, or 365 days if there are minor children of the marriage.

Regardless of the time that you have lived separate and apart, you may begin the divorce process at any time, however, it is a quicker process if you have already lived apart the required amount of time.

The laws for a covenant marriage divorce are different, and it is a much longer process. The parties must undergo counseling prior to filing for divorce, and the separation period between the parties varies from one to two years.

If you have additional questions, please contact our office to speak to an experienced divorce attorney.

If I was Married in a Different State, Can I Get Divorced in Louisiana?

If you or the other party has lived in Louisiana for at least six months prior to filing for divorce, then yes, you are able to file for divorce in Louisiana.

Will I be Eligible for Spousal Support or will I have to Pay it?

The spouse who makes less money or has a need for support may request this. Spousal support is calculated by the court, and is based on the needs of the party, the ability of the other party to pay, any interim or final child support obligation, and the standard of living of the parties during the marriage. A party may request interim spousal support, which remains in place until 180 days after the Judgment of Divorce has been signed, and/or final spousal support, which can be ongoing support payments for an indefinite amount of time or paid in one lump sum.

Will the Court Determine Everything Associated with the Divorce: Support, Custody, and Community Property?

The court can determine all aspects of your divorce including child support obligations, spousal support obligations, child custody, and community property, if the parties cannot come to an agreement on their own.

How Much are Court Costs and Filing Fees for a Divorce?

Filing fees are dependent on several factors, such as what Parish the divorce will be filed in, what is being requested in the divorce, if a hearing is being requested and how the opposing party will be served. Court costs are dependent upon whether the parties can come to an agreement or if they will continue to disagree and will need to have more than one hearing on some of the issues at hand. For a quote on the cost for filing fees and court costs, please call our office for a free consultation with an experienced attorney.

Who Gets Custody of the Children?

If a custody agreement cannot be reached between the parents, family courts will take the best interest of the child into account when determining the custody and visitation schedule. The courts consider each parents’ history and finances, and relationships with the children, as well as the children’s mental, physical, and emotional needs. Often, the courts consider keeping a consistent lifestyle important when making these decisions. Stability for the children is a key factor.

If you have additional questions regarding a divorce or would like a review of your current divorce case, please contact our office to schedule a free consultation with an experienced divorce attorney.

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