The following article will cover:
- Steps you must take in obtaining a final divorce in Northern Louisiana.
- Different time periods for separation based on specific circumstances.
- Factors affecting your timeline for obtaining a final divorce.
Once Someone Files For Divorce In Northern Louisiana, What Is The Timeline Or Steps To Be Taken To Obtain A Final Divorce?
After filing a petition for divorce in Northern Louisiana, it’s essential to understand the steps involved in obtaining a final divorce. The divorce will be granted upon your motion if you’ve satisfied a requisite period of separation from your spouse. This separation period is verified either from the date of service of the petition or from the execution of a written waiver of service. It’s important that you’ve lived separate and apart from your spouse for the minimum duration before filing the rule to show cause.
The minimum time periods for separation vary according to the following situations:
- A hundred and eighty days if there are no minor children from the marriage.
- Three hundred and sixty-five days if minor children from the marriage exist at the time of filing the motion to set the hearing for finalizing the divorce.
However, the situation changes if your spouse has committed adultery or a felony resulting in a death sentence or imprisonment at hard labor. In cases of physical or sexual abuse by your spouse towards you or a child during the marriage, it doesn’t matter whether your spouse was prosecuted for the act of abuse. Also, if a protective order or an injunction was issued during the marriage to protect you or a child from abuse by your spouse after a contradictory hearing or consent decree, this would affect the proceedings.
It’s crucial to realize there isn’t a specific timeline for obtaining a final divorce. The length of time varies depending on the type of divorce sought, the availability of the parties involved, their attorneys, and the presiding judge.
During or after a divorce, you or your spouse may request…
- A determination of custody,
- Support for a minor child,
- Spousal support,
- Injunctive relief,
- Use and occupancy of the family home, community movable or immovable property, or
- Use of personal property.
Is There Any Benefit To Filing For Divorce Before Your Spouse In Louisiana?
In certain scenarios, there may be a benefit to filing for divorce before your spouse does in Louisiana. This could be particularly significant depending on the domicile or residence of you, your spouse, and your children. By being the first to file, you may be able to establish the geographical location of the court that will hear the issues related to the divorce. This could potentially be a strategic advantage in the divorce proceedings.
For more information on The Process Of Divorce In Louisiana, a free initial consultation with The Law Offices of Williams & Williams PLC. is your next best step. Get the information and legal answers you are seeking by calling (318) 731-9182 today.