Do You Need a Divorce Lawyer in Louisiana?

Are you facing the difficult and emotional process of filing for a divorce in Louisiana? The legal complexities surrounding divorce can be overwhelming, but you don’t have to go through it alone. 

At Domengeaux Wright Roy & Edwards, we understand that divorce is a challenging time for individuals and families. Our team of experienced divorce lawyers is here to provide compassionate guidance and legal representation to help you through this difficult phase in your life.

Louisiana Divorce Law

Going through a divorce in Louisiana means you have to follow and understand the state’s divorce law. A spouse can file for a divorce if they meet one or more of the conditions outlined in Louisiana Civil Code Art. 103(1) or Art. 102:

• You and Your Spouse Do Not Live Together: You must live separately and apart continuously for 180 days if you do not have children or 365 days if you do. Then, you or your partner may file for divorce.
• Adultery: One spouse engaged in voluntary sexual acts with someone other than their partner during marriage.
• Felony Conviction: One spouse has been convicted of a felony and sentenced to death or hard labor in prison.
• Abuse: A spouse seeking divorce or their child has been physically or sexually abused by the other spouse, regardless of whether or not the abused took legal action.
• Protective Order or Injunction: A protective order or injunction was issued against one spouse during the marriage to protect the other spouse or their child from abuse. This order was put in place either after a court hearing where both parties had a chance to speak, or through an agreement between the spouses.

If you have a covenant marriage, the rules are much stricter and could require additional provisions, such as counseling and longer waiting periods, to obtain a final judgment of divorce.

What Happens if Your Spouse Has a Lawyer and You Don’t?

If your spouse hires a divorce attorney and you choose to represent yourself, you could be at a significant disadvantage. Your spouse’s lawyer has a deep understanding of family law and court procedures. Their only job is to protect their client’s interests.

Some of the most common hurdles that you might face during a divorce include:

• Community Property: Louisiana law requires that community property, or property acquired during the marriage, be divided between spouses. This process can be complex, particularly when it involves assets such as homes, businesses, and retirement accounts.
• Child Custody: If you have children, determining custody and visitation schedules is often one of the most emotional parts of a divorce. A lawyer can help you create a parenting plan that prioritizes your children’s well-being.
• Child Support and Spousal Support: Calculating financial support requires following specific state guidelines. A Louisiana divorce lawyer ensures that these calculations are done correctly so that you receive or pay the correct amount.

Without your own legal help, you might find yourself facing an unfair fight. The other lawyer could use legal tactics you don’t understand, leading you to agree to a settlement that negatively impacts your finances or your relationship with your children for years to come. A Lafayette divorce lawyer helps level the playing field and makes sure your voice is heard.

If you are considering filing for divorce or have received legal notice from your spouse, our divorce lawyers can help you protect your rights.

Frequently Asked Questions About Divorce in Louisiana

Do I Have to Prove My Spouse Is “At Fault” to Divorce Them?

Louisiana does have “no-fault” divorce grounds, meaning couples can file for divorce without proving fault or blaming either party.

How Long Do I Have to Live in Louisiana to File for a Divorce?

The residency requirement mandates that at least one spouse must have lived in Louisiana for at least six months before filing for divorce.

How Is Property Divided After the Divorce?

Louisiana follows the community property system, which generally means that assets acquired during the marriage are considered community property and subject to equal division upon divorce.

Separate property agreements are also an option, but this must be agreed upon before the marriage or during the marriage with court approval. This agreement is a contract between spouses that lists what each person owns before and during marriage. In a divorce, this agreement makes sure those assets and debts stay with the individual, not shared with the other spouse. It gives clarity, protects both spouses, and makes the property division process simpler.

Can I Get Alimony?

Spousal support, also known as alimony, may be awarded to a financially dependent spouse based on various factors, such as the length of the marriage, financial need, and the standard of living during the marriage.

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