Divorce
We know divorce isn't something anyone enters into lightly. It can be a confusing and emotionally charged time. Here at Moisant Law Firm, we understand the challenges you face. Our experienced family law attorney and legal team are compassionate individuals dedicated to guiding you through each step of the divorce process with understanding and respect. We'll be there to answer your questions, explain your options, and ensure your rights are protected throughout this transition.
What are the Different Types of Divorces in Louisiana?
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Louisiana offers two primary divorce options:
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No-Fault Divorce: This is the most common type, and it doesn't require you to prove fault like adultery or cruelty. You simply state that the marriage has irretrievably broken down.
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Fault-Based Divorce: While less common, this option involves proving grounds for divorce, such as adultery, physical or emotional cruelty, abandonment, habitual drunkenness, or conviction of a felony.
How to Start the Divorce Process in Louisiana?
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Separation: In Louisiana, there is no mandatory separation period before filing for divorce. However, some couples may choose to live separately for a period to determine if reconciliation is possible.
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Initial Consultation: Meeting with an experienced attorney is crucial. They can explain the different types of divorce, assess your situation, and advise you on the best course of action.
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Filing the Petition: The divorce process begins by filing a petition for divorce with the court in the parish where you or your spouse has resided for at least six months. The petition outlines basic information about your marriage, children (if any), and your request for child custody, property division, and spousal support (if applicable).
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Serving Your Spouse: Once the petition is filed, your spouse must be served with a copy of the documents. This is typically done by a process server.
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Responding to the Petition: Your spouse has a certain amount of time (usually 30 days) to respond to the petition. They can either agree with your requests or file an answer outlining their disagreements.
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Negotiation or Mediation: If both parties agree on the terms of the divorce, such as child custody and property division, they can work out an agreement through negotiation or mediation. Mediation involves a neutral third party who helps facilitate communication and reach a mutually agreeable settlement.
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Trial (if necessary): If no agreement can be reached, the case will go to trial. During the trial, the judge will hear arguments from both sides and make a final decision regarding child custody, property division, and spousal support.
Contact Moisant Law Today for a Consultation​
Facing divorce can be difficult, but you don't have to go through it alone. Contact Moisant Law Firm today to schedule a confidential consultation. During this meeting, we will discuss your situation, answer your questions, and guide you through the initial steps of the divorce process.
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Call us at 504-317-1685 or fill out our online contact form.
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We are located in Metairie, Louisiana and serve the surrounding areas.