Understanding the Divorce Process

No bride or groom walking down the aisle on their wedding day thinks, "I will be getting divorced in a few years." Just as a marriage is considered a new chapter of your life, so is going through a divorce. The process of ending your marriage often creates feelings of fear and trepidation. You don't know what the outcome of your divorce will be. You don't know what happens during the divorce process. The divorce process does have some measure of predictability. If you understand the divorce process, you can feel a sense of certainty, which can bring a sense of comfort. Most divorces proceed in a step-by-step manner. Despite the uniqueness of your divorce, you can generally count on one phase of your divorce following the next. Sometimes just realizing you are completing stages and moving forward with your divorce can reassure you that your divorce will eventually come to a conclusion.

Developing a basic understanding of the divorce process will lower your anxiety when your attorney starts talking about hearings, depositions, or going to trial. The object of this book is to provide you with knowledge, which will reduce your frustration with the length of the divorce process. You will understand why each step is needed and understanding the divorce process will make your experience easier. This book will support you in preparing for what comes next.

1.1 Must I have an attorney to get a divorce in Louisiana?

You are not required to have an attorney to obtain a divorce in Louisiana. However, if your case involves children, support, significant property, or debts, you should avoid proceeding on your own.

If you are considering representing yourself, contact the court in the parish where the action will be pending to determine whether there are any law clinics available to assist you. A person who proceeds in a legal matter without a lawyer is referred to as being pro se, on one's own.

If you are considering proceeding without an attorney, at a minimum have an initial consultation with an attorney to discuss your rights and duties under the law. You may have certain rights or obligations you are unaware of. Meeting with a lawyer can help you decide whether to proceed on your own.

1.2 What is my first step?

Find a law firm that handles divorces as a regular part of its law practice. The best recommendations come from people who have knowledge of a lawyer's experience and reputation.

Even if you are not ready to file for divorce, call to schedule an appointment right away to obtain information about protecting yourself and your children. Even if you are not planning to file for divorce, your spouse might be.

Ask what documents you should take to your initial consultation. Make a list of your questions to bring to your first meeting. Start making plans for how you will pay your attorney to begin work on your case.

1.3 Is Louisiana a "no-fault" state or do I need grounds for a divorce?

Louisiana, like most states, is a "no-fault" divorce state. This means that neither you nor your spouse is required to prove that the other is "at fault" in order to be granted a divorce should you wish to proceed under the "no-fault" grounds for divorce. Factors such as marital breakdown, fault on the part of the other spouse, infidelity, cruelty, or abandonment are not necessary to receive a divorce in Louisiana. Rather, it is necessary to prove that the parties have been living separate and apart continuously for the requisite period of time.

Although not required, if either party chooses to have a final hearing, then the testimony of either you or your spouse as well as the required affidavits is likely to be sufficient evidence for the court to rule that the marriage should be dissolved. The testimony and affidavits state that you and your spouse have resided apart the required length of time to obtain a divorce.

The divorce can be filed either at the beginning of the required time to live apart or after the parties have already resided apart the required length of time.

1.4 My spouse and I have not lived apart the required length of time and my spouse is cheating on me. Do I still have to live apart the required length of time?

One of the grounds for obtaining a divorce in Louisiana is the adultery of the other spouse. At a hearing on the issue of the adultery, testimony or evidence will be introduced regarding the other party's infidelity. You would not have to reside apart the required length of time if you are able to prove adultery.

1.5 Do I have to get divorced in the same state I married in?

No. Regardless of where you were married, you may seek a divorce in Louisiana if the jurisdictional requirements of residency are met. The jurisdictional requirements are discussed in the following question.

1.6 How long must I have lived in Louisiana to get a divorce in the state?

Either you or your spouse must have been a resident of Louisiana for at least six months to meet the residency requirement for a divorce in Louisiana.

If neither party meets the residency requirement, other legal options are available for your protection. If you do not meet the six month residency requirement, talk to your attorney about your options.

1.7 My spouse has told me she will never "give" me a divorce. Can I get one in Louisiana anyway?

Yes. Louisiana does not require that your spouse agree to a divorce. If your spouse threatens to not "give" you a divorce, know that in Louisiana this is likely to be an idle threat without any basis in the law.

Under Louisiana law, to obtain a divorce you must be able to prove that you and your spouse have lived separate and apart continuously for the required period of time. In short, it is not necessary to have your spouse agree to the divorce or to allege the specific difficulties that arose during the marriage to obtain a divorce in Louisiana.

1.8 Can I divorce my spouse in Louisiana if he or she lives in another state?

Provided you have met the residency requirements for living in Louisiana for six months, you can file for divorce here even if your spouse lives in another state.

Discuss with your attorney the facts that will need to be proven and the steps necessary to give your spouse proper notice to ensure that the court will have jurisdiction to grant the divorce. Your attorney can counsel you on whether it is possible to proceed with the divorce.

1.9 Can I get a divorce even when I don't know where my spouse is currently living?

Louisiana law allows you to proceed with...