how to get a divorce in louisiana without a lawyer

by Dr. Damien Brakus 8 min read

  • Preparing Louisiana Divorce Forms. In order to start the divorce process without a lawyer, you'll need to complete some forms. ...
  • Filing Your Forms. When you're ready, make two copies of all documents—you will give one set to your spouse and keep the other for yourself.
  • Serving Your Forms. Once you've filed your divorce forms, you should immediately "serve" your spouse with the documents.
  • Financial Disclosures. Both spouses have to complete a form called a Financial Affidavit. This document details each spouse's financial picture, including income, expenses, assets, and debts.
  • Additional Resources. See our topic page on Louisiana Divorce and Family Laws to find information on the divorce process as well as related legal issues.

How quickly can you get divorce in Louisiana?

  • Speak with your spouse to determine if he/she is willing to sign paperwork for the divorce;
  • Make a plan with your spouse and/or your attorney for your spouse to sign the paperwork for the divorce as soon as possible after filing the petition for divorce;
  • Provide your attorney with full contact information for you and your spouse;

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Does Louisiana require separation before divorce?

While those joined in a regular marriage in Louisiana must go through a lengthy separation period before no-fault divorce, "covenant" couples must again do court-approved therapy and wait an even longer period. Most legal separations in Louisiana are a "prequel" to divorce.

What to do if you get a DWI in Louisiana?

  • Complete the driver’s license suspension period.
  • Install an ignition interlock device (if required).
  • Obtain the necessary proof of vehicle liability insurance.
  • Attend a DUI traffic school program (if required).

Do-it-yourself divorce in Louisiana?

The common steps for do-it-yourself divorce in Louisiana are: Ensure that the residency demands are met. Fill all the needed forms. Submit the packet to the clerk's office. Serve the papers to your spouse personally if they agree to sign a Waiver or by arranging a service by sheriff.

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How much does it cost to file for divorce in Louisiana?

$150-250 for filing for divorce in court costs in Louisiana. $2,500 to several thousand for attorney fees, depending on the length of the proceedings. $200/hour in mediation fees.

Can I file for divorce without a lawyer Louisiana?

You can. The State of Louisiana allows you to file your own divorce without the assistance of an attorney. However, you may want to at a minimum have a consultation with a Louisiana divorce attorney to make sure you have all of your ducks in a row and file the correct paperwork.

What is the fastest way to get a divorce in Louisiana?

The fastest way to end a marriage is by seeking an uncontested divorce. However, this works best when both spouses are committed to the idea of getting out as quickly as possible. When there are no children and no property division conflicts, your divorce may proceed easily.

How long do you have to be separated to get a divorce in Louisiana?

180 daysIs There a Separation Requirement? The State of Louisiana requires divorcing spouses to live separately for 180 days if there are no children from the marriage. If the couple has children, they must live apart for at least one year before a divorce will be granted.

Does Louisiana allow online divorce?

For those seeking an inexpensive divorce paper preparation in the state of Louisiana, online divorce is an easy, affordable, and fast solution to prepare legal forms. Online divorce may be appropriate for couples who have an uncontested case.

How long do you have to be separated before divorce is automatic?

Most state courts will automatically enter a divorce decree if the parties have been legally separated for a period of time, often one to two years, and meet the basic eligibility requirements.

What is the cheapest way to get a divorce in Louisiana?

While your divorce likely won't be free, you can obtain a cheap divorce in Louisiana if you and your spouse are reasonable and able to work together to reach a settlement. If the terms of your settlement agreement are fair and comport with Louisiana law, the judge will approve it and finalize your divorce.

What is required for divorce in Louisiana?

First, you must meet the residency requirements of the state in which you wish to file. Second, you must have “grounds” (a legally acceptable reason) to end your marriage. Third, you must file divorce papers and have copies sent to your spouse.

Can you date while separated in Louisiana?

Dating during divorce is not adultery If you and your spouse are living separately, and have filed for divorce, then you are technically “separated” under the eyes of the law. As a result, dating someone else does not count as adultery.

What is a 102 divorce in Louisiana?

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.

How long after divorce can you remarry in Louisiana?

Divorce on the Grounds of AdulteryStatePost-Divorce Remarriage Waiting PeriodIowaNoneKansas30 days unless waived in DecreeKentuckyNoneLouisianaNone47 more rows

What is a wife entitled to in a divorce in Louisiana?

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 ...

Get Your Divorce Forms Completed Online

We provide all the necessary divorce papers, based on the answers provided by the customer to our questionnaire and the requirements of the state. Just follow our step-by-step instructions and get your divorce papers completed online in a couple of days, without even attending the court.

Online Divorce Without a Lawyer in Louisiana

It does not matter whether you have children or marital property - if your divorce case is uncontested, you do not need to overpay lawyers for drafting your paperwork.

How long do you have to live in Louisiana to get divorce?

1 The law assumes that a person is “domiciled” in Louisiana if s/he has established and maintained a residence there for at least six months.

When will Louisiana divorce in 2021?

Louisiana Divorce. Laws current as of. July 8, 2021. This section has basic information about divorce in Louisiana, including the grounds to get a divorce and the residency requirements that must be met to file for a divorce in Louisiana. You will find more information about divorce, including the risks of taking your children out ...

What is it called when your spouse disagrees with your divorce papers?

This is called “contesting the divorce.”.

What happens if you have no convictions for domestic abuse?

If there are no such convictions, the judge can order an evaluation of both parties by an independent mental health professional who is an expert in the field of domestic abuse to help determine if there was abuse and the nature of the abuse. 4. Your interim or final periodic spousal support will end if:

What are the steps to divorce?

What are the basic steps for filing for divorce? While divorce laws vary by state, here are the basic steps: First, you must meet the residency requirements of the state in which you wish to file. Second, you must have “grounds” (a legally acceptable reason) to end your marriage.

Does it matter if your spouse is charged with domestic violence?

the length of time that the abuse went on (it doesn’t matter if your spouse was criminally charged for the domestic violence). 3 Note: To determine if your spouse committed domestic abuse against you, the judge will consider any criminal convictions for an offense committed against you during the marriage.

Is there a fault based divorce in Louisiana?

Grounds are legally acceptable reasons for a divorce. There are no-fault and fault-based grounds for divorce in Louisiana. A judge can grant a no-fault divorce if you and your spouse have lived separate and apart continuously for at least: A judge can grant a fault-based divorce if:

What happens when a spouse is served with papers in a divorce in Louisiana?

Default Judgment. When a spouse is served with papers in a divorce in Louisiana, by law, they have a certain amount of time to respond to the complaint. The amount of time may vary depending on whether the spouse lives in the state, out of state, or is in the military.

What are the factors that affect custody in Louisiana?

Each Louisiana custody case is different and may be influenced by a number of factors such as: The sex and age of the children. The emotional, social, moral, material, and educational needs of the children. The home environment of each spouse and their ability to provide a suitable level of care on a daily basis.

What is financial disclosure in Louisiana?

Financial Disclosures. Disclosing assets is an important part of divorce in Louisiana. An accurate and complete accounting of all assets is required so that an even split of marital assets can be made as part of the settlement process.

Is Louisiana a community property state?

Louisiana is a community property state. According to Louisiana divorce laws, all assets and debts deemed to be marital property are divided in half. Before this happens, the determination must be made as to what constitutes marital property. Most assets accumulated during the marriage are considered marital property.

Is a pension considered marital property in Louisiana?

In Louisiana, pensions and retirement assets accumulated during marriage are considered marital property and subject to division in a divorce. Any pension or retirement funds accumulated prior to marriage or after the date of legal separation are considered separate property.

Is property in Louisiana separate from property in a marriage?

In Louisiana, property that one spouse owned by themselves before a marriage, or property that was given to them by a gift or inheritance during a marriage is considered separate property and not subject to a division of assets. It is incumbent on that spouse to prove that the asset in question is separate property by producing evidence to support their claim.

Is debt a 50/50 in Louisiana?

Debts. Debts in Louisiana are treated just like assets in a divorce. This means they will be divided fairly and equitably, but not necessarily on a 50/50 basis. Debt acquired by one spouse is their debt exclusively, unless the other spouse added to that particular account (such as using a credit card).

How to get divorce without a lawyer?

Make sure you and your spouse have a discussion about how both of you see the divorce going. If you and your spouse both think the divorce can be completed amicably, consider getting a divorce without a lawyer. However, if you and your spouse are having trouble agreeing on the terms of your divorce, you will need the assistance of an attorney in order to protect your best interests. Have this discussion at the beginning of the divorce process so that you can make the best decision possible.

How to get divorce papers?

Gather all the required court forms. To start the divorce process, you will first have to obtain all of the required divorce forms. Check with your state's website, or go to your court's office of the clerk, and download or ask for all the documents you will need to complete a divorce.

How long do you have to be a resident to file for divorce in South Dakota?

Decide where you need to file for divorce. You will need to file for divorce in the state and county where you meet certain residency requirements. Often, in order to file for divorce, you will need to have been a resident of the state and county where you plan on filing for between six months to one year. Only Alaska, South Dakota, and Washington have no extended residency requirements, which means you can file for a divorce there so long as you are a resident at the time of filing.

What happens if you divorce your spouse?

If you have chosen to file for a divorce on your own, you and your spouse are going to have to agree on how your marital assets are going to be distributed. Depending on what state you live in, there are going to be different rules on how the property will be split.

What do you need to fill out a divorce petition?

A divorce petition. You need to fill out a divorce petition, which is a document that tells the court and your spouse what you want. You can ask for things such as an end to your marriage, alimony, child custody, child support, and a division of property.

What happens if you are not happy with the divorce decree?

After the court hearing and final decision, if you are not happy with how the divorce decree came out you may be able to appeal the decision. The purpose of an appeal is to give another court the opportunity to look at the trial court's decision in order to determine if there was any legal error.

What is a divorce decree?

A divorce decree, which will be the final document the judge will sign in order to finalize your divorce. This document will include all of the requirements of your divorce, including how property will be distributed and how children will be cared for. Draft your divorce petition.

The Parties Must Agree

You and your ex must agree to have an uncontested divorce. This doesn’t mean that all issues must be agreed on, but the divorce must be uncontested. This means that neither party will fight over the separation date, property or child custody. You can handle these other issues outside of the divorce process if there are any issues remaining.

The Defendant Must Sign a Waiver of Service

Your ex must sign a Waiver of Service that basically states that they do not need to be served with the Petition for Divorce and they waive time delays.

Plaintiff Must Sign Affidavit

You, the plaintiff must sign an affidavit stating that you and your ex have been separated from the date specified and that you have not reconciled and gotten back together as husband and wife during that time period. This affidavit must be notarized and filed with the court.

Time Delays

There will be a few time delays involved with getting a Louisiana divorce without going to court. The Clerk of Court must process your paperwork and send it to the judge assigned to the case to review. The judge will sign a judgment of preliminary default. This process could take a couple of weeks depending on how fast your paperwork is processed.

How Much Does an Uncontested Divorce Cost in Louisiana?

Our legal fees for uncontested divorces depend on the complexity of your case. For purely uncontested divorces where both parties agree and your ex will sign a Waiver of Service, we offer fees that are much lower than other law firms because we use technology to streamline the process.

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