Louisiana Divorce Questionnaire

State:
Multi-State
Control #:
US-Q1011
Format:
Word; 
Rich Text
Instant download

Description

This form addresses important considerations that may effect the legal rights and obligations of the parties in a divorce matter. This questionnaire enables those seeking legal help to effectively identify and prepare their issues and problems. Thorough advance preparation enhances the attorney’s case evaluation and can significantly reduce costs associated with case preparation.



This questionnaire may also be used by an attorney as an important information gathering and issue identification tool when forming an attorney-client relationship with a new client. This form helps ensure thorough case preparation and effective evaluation of a new client’s needs. It may be used by an attorney or new client to save on attorney fees related to initial interviews.


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FAQ

The grounds for a fault-based divorce in Louisiana are listed in Louisiana Civil Code article 103. They include adultery, certain acts of domestic violence and abuse, and conviction of a felony and sentenced to death or imprisonment at hard labor.

While filing for divorce first does not give you any inherent rights over your spouse, it does allow you more control over the situation from the beginning and could provide some strategic benefits.

103-Without Minor Children This form is intended for married individuals seeking a divorce who: - Have no minor children born during the course of the marriage; and Have been separated for a period of at least one hundred eighty (180) days; and Have lived in Franklin Parish for the last year (at least one spouse).

With few exceptions, the court will first value all of a couple's community property and assets. Those assets are then divided so that each spouse receives one-half of all their community property. In some cases, the court may order that certain assets be sold and the proceeds be split equally between the two spouses.

Article 103 no-fault divorces are for spouses who have already been living separate and apart for the required waiting period, which is either 180 or 365 days. If there are no minor children, or if there is physical or sexual abuse, then the waiting period is 180 days.

Many attorneys would tell you that there aren't really any advantages to who files for divorce first; however, I think there are some advantages that should be considered: You have time to emotionally, mentally and financially prepare yourself for the fallout, with less surprises.

The divorce process starts when one spouse (the petitioner) files a Petition for Divorce in the parish where one or both spouses reside. Once filed, the other spouse (the respondent) must be served with the divorce papers. They will then have a specified period to respond.

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Louisiana Divorce Questionnaire