Uncontested Divorce in Louisiana

If the divorcing partners desire to have a cooperative and healthy post-divorce life, then one of the alternatives is to opt for an uncontested divorce. This will result in considerable saving of time and money of the divorcing partners. Moreover, the divorcing partners can enjoy total control over their issues of divorce.

Types of Uncontested Divorce in Louisiana

An Agreed Divorce

Louisiana divorce laws and Louisiana divorce guidelines define an Agreed Divorce as a situation in which both the divorcing partners agree with each other regarding the terms of the divorce like Louisiana child custody, Louisiana child support and Louisiana property distribution. This type of divorce is preferred by a huge percentage of clients

A Default Divorce

Louisiana divorce laws and Louisiana divorce guidelines define a Default Divorce as a situation in which the Respondent does not put down his or her signature on the Louisiana divorce papers or Louisiana divorce forms. This Respondent does not perform any action related to the divorce. In such a condition, the Petitioner is given whatever he or she asks for in the original paperwork.

Certain facts about Uncontested divorce in Louisiana

• A majority of divorces in this state are 102 or 103 No-fault uncontested actions and both these are very simple.
• The 102 action proceeds as follows.
  • After the action is filed and the Respondent is served, the divorcing parties have to wait for 6 months.
  • After these 6 months, the Petitioner has to file a motion indicating that the finalization of the divorce should take place.
  • A hearing takes place, where it is proved that the divorcing partners have resided “apart and separate” after the service of the petition for 180 days.
• The 103 action is identical to the 102 action. However, the difference is that in the 103 action, the divorcing partners can file for a divorce if they have already resided apart and separate for 180 days.
• The divorcing partner who files the action is known as Plaintiff or Petitioner.
• The divorcing partner who responds to the action is called as the Defendant or Respondent.
• The District Court in the parish is the venue for filing the action.

Grounds of Divorce

This state has a no-fault ground of divorce. It is implied that the filing partner need not mention any reason like separation, fault or breakdown to initiate the action. The fact that the filing partner desires to terminate the marital status is enough reason.

Once the filing of the action is complete, the divorcing couple need to live apart and separate for 180 days, when there are no children involved and for 1 year, if children are involved (as of 1st January 2007). After this duration is complete, the divorce is granted.

For a covenant marriage, the grounds of divorce are as follows.

• Abandonment for minimum 1 year.
• Sexual or physical abuse.
• The Respondent has committed a felony and this has resulted in imprisonment or a death sentence.
• Adultery.
• After the date of filing an action, the divorcing partners are residing apart and separate for 2 years.

Divorce Papers