Ending a marriage is an emotional and often painful decision. Some divorces are straightforward, but many more are further complicated by child or spousal support, custody of minors and the division of property, including physical property, securities and retirement accounts.
DeJean Noland, LLC. has years of experience with Louisiana divorce law and can help you with all aspects of your proceedings, no matter which parish you and your spouse officially reside in. Our goal is to fight for the best possible financial and custodial position for our clients now and in the future.
A very important factor to keep in mind is that issues related to divorce require proper timing and thorough research. For example, if you need interim financial support from your spouse during a separation, you need to petition for this before filing for divorce. Moreover, because Louisiana is a community property state, it is important to meet with your attorney and thoroughly map out when your joint and individual financial interests were acquired and how they might have changed in value during the marriage.
Call our team today to help you develop a strategy that will give you the means to move on with your life in a positive and productive manner.
Here are some helpful facts to know:
- Grounds for divorce in Louisiana includes: adultery, felony conviction, living apart before filing a petition for divorce and living apart after filing a petition. Most divorces are issued based on living apart (separation) for a certain period.
- The separation period required before a divorce is based on different factors. You must be separated for 180 days if there are no minor children, for 365 days if there are minor children and for two years if you have a Covenant Marriage.
- Couples with a Covenant Marriage must take extra steps to complete divorce proceedings, including proof of marital counseling before filing and a two-year separation.
- Louisiana is a “no fault” divorce state, meaning the parties do not have to prove a reason, or fault, for ending the marriage.
- You can file for divorce in Louisiana if you have lived in the state for six months.
- You must file in the state district court of the parish where you live, or where you last lived with your spouse.
- Alimony is known as Spousal Support. There are two types of Spousal Support: Interim Spousal Support (usually ends when the divorce is final, or 180 days after divorce); and Final Spousal Support.
- Property that you accrued during the marriage is called Community Property. The division of community property can be complex.
- Military pensions could be divided.
The lawyers of DeJean & Noland, LLC. also have experience handling divorces for couples in the LGBTQ community. While the divorce process in and of itself is the same as everyone else it can get complicated regarding the custody rights of the parents. It is important to seek out a lawyer who has experience in navigating this issue.
Have a question about divorce? Contact our experienced attorneys today!