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This category concerns issues around filing for divorce, separation, or annulment, getting spousal support, splitting money and property, and following the court processes.
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Explains separate and community property, marriage contracts, and debts.
This Guided Assistant tool can help you complete the paperwork required to file an uncontested divorce on your own. This tool is not legal advice. This tool does not not take the place of legal advice from a competent attorney licensed in your state and familiar with the law and facts of your legal issue.
A covenant marriage is similar to a “regular” marriage but includes additional legal steps. The covenant marriage sets out harder requirements to end a marriage and puts you into a tougher system of divorce laws. Covenant Marriages were developed by the Louisiana legislature to encourage couples to go through religious or professional counseling before filing for divorce. A covenant marriage allows the couple to show their intent to enter the marriage as a lifelong commitment.
Partition is the legal term for the process of dividing money, property, and debts after a divorce. If the former spouses can agree on who will receive the property and who will pay the debts, the Court can approve a Consent Judgment of partition. Otherwise, the Court can decide disputes about whether property is community or separate and divide the money and debts between the spouses.
Fault-based divorce in Louisiana is based on Louisiana Civil Code article 103. This article discusses divorces on the grounds that a spouse committed adultery, or domestic violence, or has been convicted of a felony and sentenced to death or imprisonment at hard labor.
This article is taken from the Louisiana State Bar Association brochure "Community Property: What is Mine? What is Yours?" The article explains what matrimonial agreements are and when they need judicial approval. This page includes a link to the original brochure.
The time required to get a divorce in Louisiana depends on whether a spouse seeks a fault-based or no-fault divorce. For a no-fault divorce, the time required depends on whether there are minor children of the marriage.
The law does not require an answer to be filed in response to a petition for divorce. This article explains the purpose of an answer, the amount of time a party has to file an answer, and the reasons a spouse might want to file one in response to a petition for divorce.
If a spouse files a petition for divorce but the case does not move forward for a certain period of time, the divorce may become "abandoned," by operation of law. This article explains what abandonment means, when it occurs, and what a spouse may be able to do to get a divorce after an abandonment.