In Louisiana, the grounds for divorce areno-fault and fault-based.
No-fault divorce is granted under certain conditions:
- If you and your spouse have lived separately andcontinuously apart for at least 180 days and you don’t have children together who are under 18 years of age; or
- If you have lived separately and continuously so for at least 365 days and you don’t have children together under 18
At-fault divorce in Louisiana may be granted if:
- Your spouse committed adultery.
- Your spouse committed a felony and has been sentenced to imprisonment with hard labor or sentenced to death.
- Your spouse physically or sexually abused you during the marriage.
- Your spouse physically or sexually abused your children or step-children during the marriage.
- A criminal or civil protective order was issued against your spouse for abuse during your marriage in order to protect you or your children or step children.
At-Fault Divorce vs. No-Fault Divorce
Choosing the grounds for divorce is very important because it will give you an idea of how everything else will play out. It’s a decision that might also be influenced by your relationship with your spouse and how well you can work together.
At-Fault Divorce Pros and Cons
Pros
- No need to wait to fulfill the separation period requirements
- Proving fault may mean that the spouse who files may get more spousal support or a bigger portion of marital property
Cons
- Takes longer
- More expensive than no-fault divorce
- May be difficult to prove and if you are unable to prove fault, it is treated like a no-fault divorce
- Likely to create conflict and emotional harm
- May turn the relationship bitter
- May be more difficult if children are involved
No-Fault Divorce Pros and Cons
Pros
- Less Expensive
- Quicker than at-fault-based divorce
- Less conflict
- Less emotional harm
- If monetary settlement will be involved, the amount is based on the spouse’s need, ability to pay, and contribution to the family finances
- May empower those who are in abusive relationships to leave because there is no need to testify about any abuse that occurred
Cons
- Spousal supportor alimony is not granted
- It Is one-sided because if the other spouse actually wishes to save the marriage, their desires cannot be considered or heard
- Difficult if you and your spouse do not have an amicable relationship
- May be criticized by others because it is a convenient option
Types of Divorce in Louisiana
What is an Uncontested Divorce?
There are two types of divorce -- uncontested and contested divorce. An uncontesteddivorce happens when both spouses agree to the terms of the divorce. It typicallyworks for those who are amicable and are able to come to an agreement regarding arrangementsfor child custody, support, alimony, and property division. It also avoids trialin court and mediation.
How Does Contested Divorce Work?
A contested divorce is when the spouses do not agree on the terms of the divorce.The divorcing spouses must resolve it through mediation or family court. If the spousescannot reach a compromise, then a judge will help resolve the matters that are outstanding.Contested divorce may take longer and may be more time-consuming.
For guidance with your uncontested or contested divorce, do not hesitate to reachout to our seasoned New Orleans divorce attorneys today. We are ready to help youduring a consultation – call (504) 517-8160 for support.
Which Type of Divorce Should I File?
The type of divorce you file will depend on the type of relationship you have withyour spouse. Although uncontested divorce is quicker and easier, it may be necessaryto file for contested divorce. For example, if your spouse is pressuring you intodivorce or is not being fair about something like custody -- you have parental rightsand a court may be needed to ensure that your rights are protected.
What Does Legal Separation in Louisiana Mean?
Legal separation is a way to avoid divorce and yet deal with the same matters thatare involved in a divorce. The couple remains legally married, they may live apart,but neither of them may marry someone else.
Couples may choose this route due to financial reasons -- for example, mortgage paymentsmay be affected by a divorce. Some couples may choose this option due to their religiousbeliefs. If they are devout, they may not wish to the break the laws of their religion.Instead, they my choose to legally separate because they are able to live apart,be financially separate, and fall within the guidelines of their religion.
Military Divorce in Louisiana
Military divorce is treated the same way as any uncontested or contested divorce in Louisiana, but in addition to spousal support and child support, there are more things to consider such as how it will affect the distribution the military spouse’s pension and child relocation.
Requirements for Filing Military Divorce
Before filing, these requirements are that you and your spouse must have lived or have been stationed in Louisiana for at least 6 months. If your spouse is deployed or is unable to respond due to reasons related to their service, the divorce cannot move forward. The court will not allow for a default judgment in an uncontested divorce while your spouse is active in the military unless they sign a waiver that acknowledges the divorce.
How Does Child Support and Alimony Work?
The amount of child support and spousal support that must be paid is calculated as it would be as a Louisiana state divorce, however, there is a federal regulation that the awards may not exceed over 60% of a servicemember’s pay and allowance. Federal regulations also require that children of those in the military as well as veterans must provide child support.
Child Relocation and Military Divorce
Because military service typically requires a lot of travel or moving frequently, the court will need to determine if it is in the best interest of the child if they will need to relocate. Relocation provisions may be included in a custody order by request.
Distribution of Military Spouses' Pension
The Uniformed Services Former Spouses’ Protection Act governs the retirement benefits of those in the military and it directs how it should be divided in divorce. For a divorcing spouse to be able to have a claim to a military spouse’s retirement, they must have been married to the servicemember for at least 10 years while the military spouse was on active duty.
Speak With a New Orleans Divorce Attorney Today
Support and property issues significantly impact the finances of both parents and even the welfare of the children. Custody issues impact the daily lives of parents and their children. With such high stakes, your best interests need to be protected by a skilled New Orleans divorce attorney. Our firm can educate you on your legal options from start to finish.
In general, the cost of getting a divorce is a significant concern for many people. With the legal assistance of our experienced divorce attorneys, it is possible to obtain your desired outcome at an affordable cost. We can help you better understand divorce laws in Louisiana and what is important and necessary for you to know in your divorce.
Divorce Resources
- What are the Benefits of a Prenuptial Agreement?
- Tips for Managing Your Finances After Divorce
