Do you want to know how to file for divorce in Louisiana?
Divorces in Louisiana may be blame or no-fault. A couple must live apart for two years or longer in order to be given a no-fault divorce. A no-fault divorce in Louisiana is often referred to as a 102 or 103 no-fault uncontested case.
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Requirements for Residency
To petition for divorce, the filing spouse must have resided in Louisiana for at least a year, and the divorce may be filed in either the District Court of the Plaintiff’s Parish or in the District Court of their spouse’s Parish. (called the Defendant). Furthermore, the couple must have been apart for at least 180 days before filing for divorce.
Complete your Forms
If all of the prerequisites are completed, one spouse, known as the Petitioner or Plaintiff, must file a Divorce Petition. After submitting the first documents, the Plaintiff may serve the Defendant with a copy of the Petition. In Louisiana, the defendant is not required to respond. After serving the Defendant with the Petition, the Plaintiff may submit a motion known as the “Rule to Show Cause.” However, each Louisiana court has its own set of divorce regulations. Before filling out documents and hoping to acquire a divorce, check with the Clerk of Court in your Parish to ensure you have followed all of their requirements.
A hearing is conducted if all appropriate paperwork are completed and the Rule to Show Cause is submitted. During this hearing, it must be shown that the couple lived apart for 180 days previous to filing their divorce petition.
A Word on Parental Mediation
If a marriage has children, the court may order mediation to ensure that the parents divorce peacefully and in the best interests of the kid. When children are involved, mediation may be needed in certain Parishes.
A Word on Forms
If the parties have achieved an agreement and do not want to go through a long trial,
