Uncontested Divorce
Facing divorce can be emotionally challenging, but if you and your spouse are on the same page regarding all aspects of the divorce, an uncontested divorce can offer a smoother and less stressful alternative. An uncontested divorce can also save you a TON of money as it is a flat fee.
What is an Uncontested Divorce in Louisiana?
An uncontested divorce occurs when both spouses agree on all terms related to the dissolution of their marriage, including property division, child custody and support (if applicable), and spousal support (if applicable). This eliminates the need for lengthy court battles and allows for a more civil and efficient legal process.
What is the difference between 102 and 1o3 Divorce in Louisiana?
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1. Uncontested Divorce Under Article 102 (La. Civ. Code art. 102):
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Living Together or Not Yet Meeting Separation Requirements: Article 102 is an alternative for couples who haven't been living separately before filing for divorce or haven't met the standard separation period for an Article 103 divorce.
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Initiating the Separation Period: This option allows you to file for divorce and officially begin the legally required separation period. The court can then grant your divorce after the separation period is complete.
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Important Note: The specific separation period required under Article 102 depends on whether you have minor children:
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With Minor Children: Requires living separate and apart for at least 365 days after the service of the divorce petition before the court can grant your divorce.
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Without Minor Children: Requires living separate and apart for 180 days after the service of the divorce petition before the court can grant your divorce.
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2. Uncontested Divorce Under Article 103 (La. Civ. Code art. 103(1)):
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Standard Separation Requirement Met: This is the more common type of uncontested divorce and applies to couples who have met the separation requirements and do not need to assign fault for the marital breakdown.
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Pre-existing Separation: You and your spouse must have already been living separate and apart continuously for a specified period before filing the divorce petition.
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Separation Period Based on Minor Children: As with Article 102, the separation period depends on whether you have minor children:
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With Minor Children: Requires living separate and apart continuously for at least 365 days as of the day the petition is filed.
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Without Minor Children: Requires living separate and apart continuously for at least 180 days as of the day the petition is filed.
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Benefits of Choosing an Uncontested Divorce
There are several advantages to pursuing an uncontested divorce:
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Reduced Cost: Since extensive litigation is avoided, the legal fees associated with an uncontested divorce are typically lower compared to a contested divorce.
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Faster Process: The uncontested process moves quicker through the legal system, minimizing the emotional strain of a prolonged legal battle.
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Lower Stress: Reaching a mutual agreement minimizes conflict and allows for a more amicable approach to dissolving your marriage.
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Confidentiality: Uncontested divorces often maintain greater privacy compared to contested cases involving court appearances.
Contact Moisant Law Today for a Consultation​
Don't let the complexities of divorce overwhelm you. Contact Moisant Law Firm today to schedule a free consultation with an experienced uncontested divorce attorney in Metairie or New Orleans. We are here to help you!
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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.