When you file a petition for divorce in the state of Louisiana, there are a few things you need to be aware of. While many might be under the impression that they simply have to fill out and file paperwork in order to separate themselves from their spouse, it isn’t that easy. There are certain requirements that must be met before a divorce is granted. One of those requirements, given you are filing a no-fault divorce, is the waiting period.
If you and your spouse are in agreement with filing for divorce and neither party is looking to prove the next did something wrong, which is known as a no-fault divorce, then you may be subjected to a waiting period of either 180 or 365 days [Source: Louisiana State Bar Association Legal Education and Assistance Program]. What this means is that you must be living separately from your spouse for a set amount of time before your divorce is actually finalized.
So, let’s say you are divorcing and there are no minor children involved or there is physical or sexual abuse, you must live separate and apart from your spouse for 180 days. Now, to be clear, that doesn’t mean you cannot file the initial paperwork to get your divorce case started, you can. However, your divorce won’t be finalized unless you have met the waiting period requirement, or perhaps a divorce attorney can help you find another way around having to comply with this requirement. Now, if you do have minor children together with your spouse, then the waiting period nearly doubles from 180 to 365 days.
Is there a waiting period for divorces that are filed because adultery was committed?
If your spouse has committed adulty or has been “sentenced to death or imprisonment at hard labor for committing a felony,” then there is no waiting period for this type of divorce. This would actually be considered a fault-based divorce as your spouse did something wrong. Now, keep in mind that if you are claiming adultery as your grounds to file for divorce, then you must have actual proof of the adultery in order to have your divorce finalized. Some forms of proof might include: “photographs, video, witness testimony, text messages about an affair, Facebook posts, Instagram pictures, etc.”
Are you looking to file for divorce in Baton Rouge, LA?
There are many more important things that pertain to filing for divorce that you should know about and the Baton Rouge, LA divorce lawyers at Miller, Hampton & Hilgendorf would be more than happy to sit down with you and explain to you what these are. Aside from adhering to the waiting periods, there are other requirements that must be met and certain documents that will need to be filed. And because divorces aren’t exactly the easiest times in our life, it is always helpful to have someone who understands the process guiding you through it so that you aren’t having to do it all alone.
So, if you would like to schedule a consultation with one of our divorce lawyers in Baton Rouge, simply call us at 225-343-2205.
You can reach Miller, Hampton & Hilgendorf at:
3960 Government Street
Baton Rouge, LA 70806