Louisiana Affidavit - La. CC Art. 103 - No Children
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FAQ
Louisiana provides for fault and no-fault divorce options.Under a 102 divorce, a spouse can file a petition for divorce, allege jurisdiction and venue, and request a judgment of divorce after the parties have lived separate and apart from service of the petition or written waiver of service for a period of 180 days.
In a proceeding for a separation from bed and board in a covenant marriage, a court may award a spouse all incidental relief afforded in a proceeding for divorce, including spousal support, claims for contributions to education, child custody, visitation rights, child support, injunctive relief and possession and use
In Louisiana, legal separation is only available to couples in a covenant marriage.If your spouse isn't guilty of any misconduct, you may ask the court for a legal separation if you and your spouse have lived separate and apart, without reconciliation, for a minimum of two years.
In a 103 divorce, the spouses must live separate and apart for at least 180 days prior to the filing of the petition (365 days if there are minor children involved).You must have an agreement on child support and custody or a trial on those issues with a judgment in order to get a divorce with children in Louisiana.
How long does a divorce take in Louisiana? Once the divorce paperwork has been filed in court, it usually takes 30 to 90 days for a divorce to be final. The start to finish time of the divorce may vary depending on the caseload of the court and the availability of judges to sign the final Judgment of Divorce.
In 15 days (30 days if your spouse doesn't live in Louisiana), request that the Court Clerk set your case for a Preliminary Default. In a couple of days, the judge will finalize the divorce or may decide to first require a Confirmation of Default hearing before finalizing it.
