Louisiana Divorce Procedures

The first step is that the Petitioner files a divorce petition. Then, this petition is served to the Respondent. The respondent has the liberty to answer this petition. Depending on the circumstances, a trial may be held.

Commencing Louisiana Divorce Procedure

When one finalizes to divorce, he or she accosts a lawyer to assist in handing the divorce procedure. In this initial stage, the attorney demands the following information from the client.

Personal Information

• Names, addresses, phone numbers, ages, places of birth, Social security numbers and social insurance numbers of the divorcing partners and their children
• Mental and physical health of all those involved
• Immigration or green card information

Marital Information

• Date and place of marriage
• Whether a prenuptial or postnuptial agreement was signed?
• Were any of the divorcing partners married previously?
• Regarding child custody and child support, are the divorcing partners anticipating any issues?

Economical scenario

• Prior to the marriage, what were the debts and assets of the divorcing partners?
• The income and expenditure of both divorcing partners
• Have the divorcing partners invested in any pension or insurance plan? If yes, what is the amount
• Presently, how much property do the divorcing partners own? Was it attained prior to or after marriage?
• Is there any mortgage?
• How much are the expenses of the children?
• The ingredients of the monthly budget

Legal Documents

• Are the divorcing partners entangled in any pending or prior litigations?
• Have the divorcing partners filed for bankruptcy in the past or do they intend to do so in the future?

After the lawyer collects all the above data, the attorney starts drafting the essential paperwork. The first and foremost step is that the lawyer prepares the divorce petition. This comprises of information about the marriage of the partners, residences and children.

Louisiana Divorce Procedure by default

After the Respondent receives the Petition for divorce, there is no requirement that the Respondent must answer this petition. The Petitioner enters a motion titled "Rule to Show Cause" with the court for procuring the final judgment of divorce. In this state, each judicial district has laid down specific individual rules related to divorce actions. As a consequence of this fact, it is essential that the Petitioner must understand the rules in a specific judicial district by referring to the Louisiana Rules of Court.

102 divorce

Presently, the condition in this state is that most of the divorcing couples opt for the no fault divorce procedure. The divorcing partner who desires this sort of divorce has to adhere to Civil Code Article 102. Lawyers and Judges frequently refer to this type of divorce as 102 divorce. There are 2 stages in this divorce as follows.

• The Petition is filed and served
• After the date the Petition is served, a period of 180 days should pass after which a motion is filed demanding that the divorce should be finalized

Following this motion, there must be a hearing during which it must be proved that since the service, the divorcing partners have resided apart and separate for minimum 180 days.

Divorce Papers