DIVORCE
Divorce Attorney
In Practice Since 1994 | Louisiana State Bar Association Member
In Practice Since 1994Louisiana State Bar Association Member
Let Us Help You Navigate Through the Divorce Process
Filing for divorce isn't as easy as one makes it out to be. You and your spouse need to fulfill certain criteria to be eligible for a divorce, and this is where Dawn Mims Law Offices can help you. Our attorney will walk you through the entire process and assess your marriage to see if your situation is grounds for a divorce.
Grounds for Divorce in Louisiana
The grounds for divorce and time periods for obtaining a divorce are different depending on whether or not there are minor children of the marriage or if there has been abuse during the marriage.
Once a petition for divorce is filed, if the parties remain separate and apart without reconciliation, either spouse may ask the court for a divorce once the requisite time period - either 365 days or 180 days - after the petition for divorce was served or a written waiver of service was filed in the record.
The 365 or 180-day waiting period requirement cannot be waived. The action can be defeated if the parties reconcile - resume living together with a mutual intent to resume the marriage - at any time during the waiting period. Certain procedural formalities are required.
1. Living separate and apart after the filing of a petition
A divorce may be obtained in 365 days if you have minor children or in 180 days only under specific circumstances:
- Time line may vary if there are no minor children of the marraige
- The spouse has physically or sexually abused the spouse seeking a divorce or one of the children of the parties
- If a protective order or injunction has been issued after a hearing to protect the spouse or child from abuse and is in effect at the time the petition for divorce is filed
The 365 or 180-day waiting period requirement cannot be waived. The action can be defeated if the parties reconcile - resume living together with a mutual intent to resume the marriage - at any time during the waiting period. Certain procedural formalities are required.
This is a two-part process. Part one is filing the petition for divorce and incidental matters such as custody of children and the use of property. There will be a court date, and you will pay court costs. Part two is the filing of the Rule for Final Divorce. There will be a court date, and you will pay additional court costs.
2. Living separate and apart before the filing of a petition
If the spouses have lived separate and apart, continuously and without reconciliation, for the requisite period of time, either spouse may file a petition for divorce.
3. The other spouse commits adultery
Adultery on the part of the other spouse is grounds for an immediate divorce - there is no required waiting period. The burden of proof is on the party alleging adultery and is very strict. Corroborative testimony is normally required, and it must be proven that the other spouse engaged in sexual relations with another person. Admissions by the spouse or paramour are insufficient.
4. Conviction of a felony
If the other spouse has committed a felony and has been sentenced to death or imprisonment at hard labor, a petition for divorce can be filed. The facts of conviction and sentencing are the only proof requirements - appeals and actual serving of the sentence are immaterial.
5. Physical or sexual abuse
If the other spouse has physically or sexually abused the spouse seeking a divorce or a child of one of the spouses, regardless of whether the other spouse was prosecuted for the act of abuse.
If there has been any physical, mental, emotional, or sexual abuse during the marriage, please discuss this with our attorney. Even the allegations of abuse must be discussed.
Incidental Matters
You may be entitled to request certain orders be issued by the court, such as:
- Restraining order to prevent your spouse from alienating, selling, donating, destroying, encumbering, or otherwise disposing of community assets
- Restraining order to prevent your spouse from harassing, stalking, or calling your place of employment or residence
- Spousal support
- Child custody and support
- Exclusive use of the home, car, property, or the ability to remove those things from the former matrimonial domicile
- Issues of Contempt of Court
Covenant Marriage
Several years ago, Louisiana passed the Covenant Marriage Law. This requires persons getting married to attend pre-marital counseling and to sign additional documents before getting married. This was designed to be a marriage-strengthening law. The reality is that it makes it harder to get divorced. If you have a covenant marriage:
- You must advise your attorney
- Expect it to take approximately two years to get divorced
- Expect it to cost approximately $4,500 to $6000 for a simple divorce. If it is complicated, expect the costs to be tripled.
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