Better Understanding the Divorce Process in Louisiana

The unfortunate truth is that not all marriages make it "Till death do us part." You didn’t get into your marriage thinking a divorce would happen, but things have changed. One or both of you are no longer happy, the fights are longer and more intense, and it’s not getting any better. It’s time to consider the real possibility that your marriage is over and divorce is the next step. How do you even go about doing this?

Thankfully, you need to navigate the scary, sad, confusing, and uncomfortable next stage of your life on your own. Family attorneys in Covington are here to help with any questions you may have and paperwork you are ready to file. Let’s look at some of the most common questions these lawyers get from people in your situation:

Can I file for divorce here in Louisiana?

The legal paperwork requesting a divorce is called the Petition for Divorce. Anyone who has been a resident of this state for at least one year can file this here. Residents of Louisiana can file for divorce even if they are living outside the state, as long as they maintained their residency. The Petition for Divorce must be filed in the parish where either spouse resides or where the couple last lived together.

Do we need to be seperated first?

Yes. The State of Louisiana requires divorcing spouses to live separately for 180 days if there are no children from the marriage. If the couple does have children together, they must live apart for at least one year.

Do we need a reason to get divorced?

In a fault-based divorce, one spouse alleges that the other spouse’s misconduct, such as adultery or abuse, led to the break-down of the marriage and a need for a divorce. In some states, there must be a fault to end a marriage but Louisiana is not one of them. You can divorce based on the fact that you are living separate and apart. Although this is not exactly a no-fault ground of "irreconcilable differences," it does allow spouses to end their marriage without making nasty allegations against the other in court.

What if we have a covenant marriage?

A covenant marriage is based upon the belief that couples too often end their marriage without attempting to resolve their conflicts to the best of their ability. Couples who enter into this type of marriage are required to seek marital counseling before filing for divorce. If your marriage is one such as this, family attorneys in Covington can still help you file for divorce in instances with adultery, a felony convocation, abandonment for a year or more, child abuse, and a few others.

If your marriage is over, it is time to reach out to family law attorneys in Covington, LA and begin the divorce process. This trusted expert can help you from here.

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