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Ideal for an uncontested divorce, you organize all your assets and liabilities and we produce official divorce papers which can be signed and sent to the courts when you are ready.
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To file for divorce in Louisiana, a married individual (or their partner) must be "domiciled" in the state. This means that Louisiana is their primary state of residence.
While couples may be part-time residents in multiple states, individuals can only have one domicile state.
Any domiciled resident of Louisiana can file for divorce in the state as long as they meet the residency requirements.
Generally, grounds are legally acceptable reasons for a divorce. But in Louisiana there are both fault and no-fault divorces.
A judge can grant a no-fault divorce a married couple have lived apart continuously for at least:
A judge can grant a fault-based divorce for a number of reasons including: adultery, commitment of a felony, physical or sexual abuse, domestic violence.
In the case of no-fault divorces, if there are no minor children, or in cases of abuse, then the waiting period is usually 180 days. If there are minor children, this increases to 365 days.
However, there are exceptions and ways to speed along the process. It is recommended that individuals seeking a divorce in Louisiana consult with an experienced family law attorney to understand their rights and obligations.
In Louisiana, community property is divided equally between spouses in the event of a divorce.
Louisiana is one of nine states in the United States that is a community property state. This means that all property, assets, and debts acquired during the marriage are considered to belong equally to both spouses.
In Louisiana, the community property includes everything the spouses own or owe individually or jointly, except for some specific types of property such as inheritances and gifts.
When a couple divorces in Louisiana, the community property is divided equally between the spouses. This includes real estate, financial assets, personal property, and debts. The court will look at the value of the property and divide it equally between the spouses.
If one spouse wants to keep a particular asset such as the family home, they may be required to buy out the other spouse's share of the property.
It's important to note that Louisiana's community property laws do not apply to property owned prior to the marriage or to property acquired after the divorce.
Additionally, community property laws may not apply to property that is designated as separate property through a prenuptial or postnuptial agreement.
In Louisiana, the basic filing fee for a divorce is around $400, which is possible with an uncontested divorce as long as the paperwork is complete.
However, the total cost can vary widely depending on the complexity of the case, the divorce attorney's fees (if there is one), and other expenses like court fees and expert witness fees.
For uncontested divorces, Divorce Bob's DIY divorce kit (starting at $99) will help curb a chunk of the cost.
However, for a contested divorce, the average cost in Louisiana ranges from $5,000 to $15,000.
In Louisiana, if couples have been living apart for the mandatory amount of time, an uncontested divorce could be completed between 2 weeks and 6 months.
If couples are separating when they file for divorce, the minimum waiting period is 180 days (six months) from the date the petition is filed.
However, the actual time it takes to complete a divorce can vary depending on several factors such as the complexity of the case, any disputes between the parties, and the court's schedule.
Ideally, it's best to make the process as simplified and stress-free as possible during the time you are going through.
Child custody in Louisiana is decided based on the best interests of the child. The court considers several factors, including:
1. The child's age and health
2. The parent's mental and physical health
3. The child's relationship with each parent
4. Each parent's ability to provide for the child's needs, including education, housing, and health care
5. The stability and continuity of the child's environment, including their school and community
6. The willingness and ability of each parent to encourage a continued and meaningful relationship between the child and the other parent
7. Any history of domestic violence or abuse by either parent. The court may award joint custody, where both parents share equal responsibility for the child, or sole custody, where one parent has primary responsibility for the child. The court may also order visitation rights for the non-custodial parent.