See if you Qualify in Louisiana
Online Divorce provides qualitative and approved by the court Louisiana divorce papers. The information below will help you understand more about the divorce in Louisiana. However, if you feel any doubt or insecurities, we will help you figure out how get your divorce form documents quickly and correctly filled out according to the rules set by the state without hiring an Attorney. onlinedivorce.com provides quick and inexpensive services of online divorce in Louisiana. We guarantee that in a short time you will receive the correct Louisiana divorce documents with specific circumstances of your divorce, as well as a detailed instruction on what to do next.
Below you can find common steps of how to get divorce in Louisiana:
1. Your marriage should be recognized by the law of the state of Louisiana. Thus no matter where the wedding ceremony took place. The main condition should be that the marriage is legally concluded.
2. Your or your spouse must comply with the residency conditions of the state before filing the suit.
3. You must provide court with the grounds based on which you want to file for a divorce in the state of Louisiana. Note that you have also leave separately with your spouse for at least 180 days if there are no children in the marriage, or 360 if you have undeage children.
4. Before applying, you must discuss with your spouse all the issues related to the definition of custody of joint children under the age of 18 (if any), the size of their support, as well as the separation of property, the conditions and the amount of alimony and come to a common solution. If you can not decide your dispute, then the court will make decisions independently on all disputable issues during the trial
5. You need to prepare divorce form documents and register them in court. This is one of the longest and laborious processes. If you make a mistake, the papers will be rejected by the court, which will increase the duration of your divorce process. At any time you can use the services of an Online Divorce in Louisiana, using our help. In this way it can greatly speed up the process of divorce, as well as give you guarantees that you will receive correctly filled Louisiana divorce papers that correspond to the circumstances of your divorce.
6. When the divorce papers are ready you have to file them in the court, make 2 copies of your divorce form documents which should be send to your spouse and wait while the court will take its decision.
If you want to get your divorce in the state of Louisiana, you or your spouse have to be a resident of a state for a certain time before filing a petition. Also note that you or your spouse have to be a resident of the parish where you've decided to terminate your marriage.
Valid Grounds to get divorce
In the state of Louisiana the minimum cause for divorce may be the fact that the spouses do not live together for more than 180 days for couples who don't have children. And for couples who have children that were born or adopted during the marriage this term is prolonged up to 360 days. Leaving apart ground is also known as no-fault reason meaning that you do not need to prove to the court that your spouse has committed a misconduct, which led to a break in relations. However, this is not a classic reason for a no-fault divorce, such as an irretrievably broken marriage. Also, a divorce in Louisiana can still be granted on the basis of a fault reasons, they may include: adultery, imprisonment, spouses do not live together for two or more years before submitting documents. Keep in mind that if you want to file your divorce based on fault grounds you have you describe it in your divorce form documents as well to prove in the court that your spouse made a serious mistake in the marriage.
In the law of Louisiana there is a special form of marriage, called Covenant Marriage. With this type of marriage, spouses participate in various consultations or trainings as soon as difficulties arise in the relationship in order to save the marriage. So, if you are in the Covenant Marriag? and want to get a divorce in the state of Louisiana, you will need to prove to the court that you have tried in every way to save your relationship, but this has not been successful. If the marriage consultations did not give a positive result, then Covenant Marriages can be terminated on the basis of the following reasons:
1) one of the spouses performed adultery;
2) while in a marriage, one of the spouses committed a serious crime for which he was convicted and serving his sentence;
3) one of the spouses showed violence or harsh treatment towards the second spouse or children;
4) spouses voluntarily reside separately from each other for at least 2 years;
5) one of the spouses has voluntarily left his conjugal duties and does not wish to return to them;
Another type of divorce in Louisiana is annulment. The only difference is that the classical divorce procedure ends the marriage, which was legally confirmed, the annulment is applied to those marriages that have no legal force, that is, they should not in principle have been registered. Such marriages are also called void. In the state of Louisiana, there are two types of marriage, which are subject to cancellation: An "absolutely null marriage" - marriages that are not valid from the moment they are entered into. And a "relatively null marriage" is a marriage that is considered valid until the judge decides otherwise. If you want to annul your marriage, you must have a reason that you must describe in your Louisiana divorce papers.
The reasons can be as follows:
1) bigamy. Your spouse already has a legally registered marriage, the action of which has not yet been terminated;
2) incest. You and your spouse are close blood relatives to each other;
3) one of the spouses was forced to marry;
4) one of the spouses was in alcoholic or narcotic intoxication and could not soberly assess the situation at the time of marriage;
5) one of the spouses was seriously mentally ill at the time of marriage and was unable to think clearly in order to give his consent to the marriage;
6) one of the spouses was absent from the marriage ceremony at the time of the marriage registration;
7) one of the spouses was underage at the time of marriage and did not have the permission of the court or parents to conclude a marriage;
To terminate the "absolutely null marriage" the following reasons are accepted: bigamy, incest, and marriage, in which the one of the spouses was absent from the marriage ceremony;
Relatively null Marriages are: one of the spouses was a underage, one of the spouses was under the influence of alcohol or drugs, one of the spouses was forced to marry;
Note that if the marriage is considered to be Relatively null Marriages, as long as the spouse who did not agree to the marriage will not give its consent. If the spouse recognizes that he or she is in a voluntary relationship, the marriage is automatically considered to be active.
Custody of the Child
Louisiana courts prefer to be sure that despite the divorce, both parents take an active part in the life of the child. Usually in such cases, the joint custody of the parents is awarded. However, if this is contrary to the interests of the child, the courts may award individual custody to one parent.
If the parents do not agree on a custody and visitation schedule, the court will award joint custody to both parents unless there is a convincing reason to award sole custody to one parent. The court will consider factors such as the emotional ties between the parents and child, each parent’s capacity to provide for the child’s physical, mental, and emotional needs, the child’s adjustment to home, school, and community, and each parent’s willingness to encourage the child’s relationship with the other parent. During the divorce in Louisiana the court will use a similar standard to determine whether custody and visitation should be modified.
Please note that when filling out your divorce form documents you need to list all common children who were born or adopted during the marriage, as well as their age.
Rules for Child Support
Louisiana law states specifically that children are entitled to share in the current incomes of both parents. State law uses a formula to determine how much child support should be paid by one parent to the other parent. However in making a decision regarding support, the Court of Louisiana can consider the following factors:
1) income and assets of parents;
2) the number of children who need support;
3) the needs of the child;
4) maintenance that has already been awarded to the parent;
5) if one of the parents has children from other marriage.
6) the standard of living of the child during marriage;
7) the child's needs for education and medical care;
8) financial opportunities for both parents;
9) the age of the child;
In your Louisiana divorce papers you have to listed all you income and expenses to give the court ability to calculate the sum of child financial support.
Rules for Spousal support
At the divorce in Louisiana, the court has the right to oblige the spouses to provide financial assistance to another spouse so that he or she can maintain the standard of living that was habitual during marriage. Financial assistance to a spouse, also called alimony, can be of several types:
Temporary alimony is an example of financial assistance, which is usually paid for a short period of time immediately after the divorce or in the process of litigation, so that the spouse who receives financial assistance has the opportunity to maintain the usual standard of living.
Constant alimony is a type of financial assistance that is paid to the spouse for life or until he or she marries once again. This type of alimony is awarded to satisfy the basic needs of the spouse and the sum of it is less than the sum of temporary maintenance.
Also, in the process of awarding alimony, an important role is played by the ground for divorce, which is fixed in your Arizona divorce papers. A spouse who claims to receive alimony must prove to the court that there is not her or his fault in breaking the relationship. Also, keep in mind that monthly alimony, awarded on a constant basis, can not use more than a third of the income of the spouse-payer
Divorce without a lawyer
If you apply for a divorce in Louisiana, then there is no need to use the services of a lawyer. Cases when a divorce is made without the participation of a lawyer are called Pro Se Divorce, it is a Latin expression that translates as "on her or his own". Depending on which county you live, the process of divorce in the state of Louisiana can vary. Nevertheless, a divorce without the participation of a lawyer is completely legal and is subject to execution in any state. If the spouses have come to the agreement of a division of property and custody of children, then it is very convenient to initiate the Pro Se Divorce. To simplify the process, you can initiate an online divorce in Louisiana. Our service will help you quickly prepare all the necessary divorce form documents, which will greatly accelerate the process of your divorce.
If you decide to apply for a divorce in Louisiana, you must decide with your spouse how to share all your joint property. If you are not able to come to a consensus, then the court will independently decide on the division of property. Please note that under the laws of the state, all assets and liabilities acquired by the spouses during the marriage are divided in half. The court will have to make sure that you have all assets and debts you listed in your divorce form documents in order to make an equitable decision. If the spouse possesses any property that was acquired before marriage or passed to him or her through donation or inheritance, then this property does not participate in the process of division, since it is considered private. Please note that if you own private property that should not fall under the property partition, you must provide documents that confirm your ownership. These documents should also be reflected in your Louisiana divorce papers.
Courts in every way contribute and encourage, if the spouses have expressed a desire to use the services of mediation. Parties may request the assistance of mediators to resolve disputes at any time before or after the commencement of the divorce proceedings
Divorce Forms in Louisiana
General information about divorce in Louisiana you can see on the state's website, but there you will not find an example of forms online.
The list of divorce form documents that you need to fill out can be taken from your local clerk. However you can use the service of online divorce in Louisiana. If you have some difficulties while completing the forms or any questions, you can use the Online Divorce service, which will help you to select the necessary documents correctly, as well as fill them properly in accordance with state requirements. With Online Divorce, you can be sure that you will receive your Louisiana divorce papers quickly without any additional costs. Note that onlinedivorce.com is one of the best providers of online divorce in the state of Louisiana. With our help you will save a significant amount of money, time and effort. Online Divorce makes your divorce in Louisiana simple and convenient.
Uncontested Divorce in Louisiana
In the state of Louisiana, there is a type of divorce, which is called uncontested. Its essence lies in the fact that the couple has already discussed all issues related to guardianship, property division and maintenance and has come to a solution that satisfies both spouses. It turns out that the couple do not have contentious issues and they just need to formally get a divorce. This type of divorce is much faster, since it does not require the court sessions and make a court decision on any issues.
In order to formalize an uncontested divorce in Louisiana, you need to meet the following criteria:
1)If the spouse who wants to get a divorce files a divorce form documents and proves that 180 days (if there are no underage children) or 365 days (if there are) have passed since the divorce form documents were served on the his or her party, and that the spouses have been living separately for that whole time, then the court will grant the divorce. For this case both spouses have to leave separately from each other before Louisiana divorce papers were registered in the court.
2)If the petitioner files for divorce and proves that the spouses have already been living apart for 180 or 365 days, as the case may be, then the court will grant the divorce.
Also, you must provide the court with grounds on which you believe that the marriage should be terminated. These include:
1) the spouse committed a crime during the marriage, was convicted and served a prison sentence;
2) refusal to fulfill matrimonial obligations for a period of at least 1 year;
3) spouses do not voluntarily live together for at least 18 months;
The peculiarity of the uncontested divorce is that you must agree to all the disputable issues, including the grounds for divorce. Thus, all your intimate life will have to be carried out for everyone. In addition, it will be necessary to provide the court with conclusive evidence of the reason on which you are drawing up a divorce in the state of Louisiana.
Please note that the correctness of your documents will affect on the outcome of the divorce. Perhaps when filling out your papers you will need the help of a specialist with legal knowledge. In such situations, many couples prefer to use the service of online divorce in Louisiana. With our help, you will receive all the necessary papers that meet your divorce case, filled out according to rules required by the state of Louisiana. Online Divorce will help you avoid all the difficulties associated with filling in divorce form documents.
How to Serve Divorce Papers in Louisiana
Once you filed a petition for divorce in court, you are required to serve your spouse about the beginning of the process of divorce in Louisiana. You can do this in many ways, the easiest of which is simply to transfer copies of documents to your spouse and ask them to sign the "Waiver of Service" form. This method is suitable for those couples who have good relations with each other.
If your relationship is not so good, you can use the services of a local sheriff who will notify your spouse about the initiation of the divorce process and will provide him or her with all the necessary documents. You will need to pay a service fee, after which the sheriff will provide you with a certificate stating that your spouse has been server, which will also need to be registered in court.
If you do not know the location of your spouse, then you can order a publication in the newspaper where you inform about the beginning of the divorce in Louisiana. This will be enough for the court to make sure that you really notify your spouse.
If you and your spouse have submitted all the necessary Louisiana divorce papers and agree with all divorce issues, then getting a divorce can take from 20 to 40 days. If there are any disagreements between you, the process of divorce can be very long
Total fees will contain sum of Louisiana court filing fees and cost of using the service of OnlineDivorce.com. This cost may vary by county. Please check with your local court officer to determine the exact amount.