How do I file for divorce in Louisiana under Article 102?
Article 102 or Article 103 In Louisiana, you can file for divorce under Article 102 or Article 103 (1) of the Louisiana Civil Code. Under Article 102, you and your spouse must live separate and apart at different residences for 180 days before the divorce can be finalized.
What is Louisiana divorce Code Article 103?
What is Louisiana "103 Divorce?" What is Louisiana "103 Divorce?" Louisiana Civil Code Article 103 allows couples who have been living apart for specific periods of time to file a divorce petition and get a final Judgment of Divorce signed by the court in a relatively short period of time.
How long do you have to be separated before filing divorce?
Under Article 103 (1), you and your spouse must have already lived separate and apart at different residences for 180 days before you can file for divorce. Note that for both Article 102 and 103 (1) divorce, the 180-day separation requirement increases to 365 days if you and your spouse have minor children together.
How can I speed up an uncontested divorce in Louisiana?
Louisiana has some procedural rules in its civil code which have the effect of speeding up uncontested divorces: If the petitioner (the spouse who starts the divorce) files a petition for divorce and proves that 180 days (if there are no underage children) or 365 days (if there are)...
How fast can a divorce be finalized in Louisiana?
An uncontested divorce can take between two weeks and six months to complete depending on the court in the parish that you are filing. In order to expedite the uncontested divorce so that it takes less than a month, your attorney will get a court runner to physically bring your pleading to the court.
What is a 103 divorce in Louisiana?
Louisiana Civil Code Article 103 allows couples who have been living apart for specific periods of time to file a divorce petition and get a final Judgment of Divorce signed by the court in a relatively short period of time.
What is the difference between a 102 and 103 divorce in Louisiana?
Under Article 102, you and your spouse must live separate and apart at different residences for 180 days before the divorce can be finalized. Under Article 103(1), you and your spouse must have already lived separate and apart at different residences for 180 days before you can file for divorce.
How long is a divorce process in Louisiana?
180 days if there are no minor children (children under age 18) 365 days if there are minor children (children under age 18) two years if you have a "covenant marriage" and you meet other requirements.
What is Louisiana Article Code 103?
Except in the case of a covenant marriage, a divorce shall be granted on the petition of a spouse upon proof that: (1) The spouses have been living separate and apart continuously for the requisite period of time, in accordance with Article 103.1, or more on the date the petition is filed.
Can you date while going through a divorce?
There is no legal reason why a person cannot start dating before their divorce is final. All jurisdictions in the United States will allow a couple to divorce without having to establish fault on the part of one of the parties.
Can you refuse a divorce in Louisiana?
Your spouse cannot stop you from getting a divorce by refusing to "sign the divorce papers." If you can prove that you have grounds for divorce under Louisiana law, you can get a divorce.
How does adultery affect divorce in Louisiana?
Can adultery speed up divorce in Louisiana? Louisiana law does provide for an “immediate” fault-based divorce for adultery under Civil Code 103.2. However, “immediate” does not mean the judgment of divorce will be immediate. Plus proving adultery can be cumbersome, costly, and not any more beneficial to you.
What are grounds for immediate divorce in Louisiana?
Grounds for immediate divorce exist if one of the spouses commits adultery. The spouse who claims that adultery occurred must provide proof. The adultering spouse must have had sexual relations with someone other than the accusing spouse, and corroborative testimony must be present.
How long after divorce can you remarry in Louisiana?
Divorce on the Grounds of AdulteryStatePost-Divorce Remarriage Waiting PeriodKansas30 days unless waived in DecreeKentuckyNoneLouisianaNoneMaineNone47 more rows
Can you date while going through a divorce in Louisiana?
Legally, you can date while going through divorce proceedings. If you have a covenant marriage, as recognized by the state of Louisiana, you may need to go through significant counseling before moving on, including dating, since a covenant marriage makes it much more difficult to pursue divorce.
What can be used against you in a divorce?
Spending marital money on extramarital affairs. Transferring marital funds to another person before a separation. Spending unreasonable amounts on business expenditures. Selling marital assets below the market value.
What is an Article 102 divorce in Louisiana?
The Article 102 Divorce can be filed before the spouses have lived separate and apart for the required length of time. Filing this divorce affects community property by "terminating" the community at the time the case is filed.
What are grounds for immediate divorce in Louisiana?
Grounds for immediate divorce exist if one of the spouses commits adultery. The spouse who claims that adultery occurred must provide proof. The adultering spouse must have had sexual relations with someone other than the accusing spouse, and corroborative testimony must be present.
What is a wife entitled to in a divorce in Louisiana?
What assets am I entitled to in a divorce in Louisiana? Generally speaking – you are entitled to half of everything obtained or acquired during the existence of your marriage (except of course if a prenuptial exists stating otherwise).
What is a uncontested divorce in Louisiana?
It means your spouse is in agreement and will agree to accept service of a divorce petition. In a truly uncontested divorce, all the issues (like child custody/support, spousal support, and property separation) are agreed upon by the parties without much legal work needed.
What is the rule to show cause in a divorce?
With an Article 102 divorce, you will file a Rule to Show Cause/Rule for Final Divorce along with Verified Affidavits and Defendant's Acceptance and Waiver of Service of the Rule to Show Cause from the date your spouse signed the Waiver of Service. Shortly thereafter, you will attend a hearing to finalize the divorce.
How long can you stay apart for divorce?
The decision becomes somewhat trickier if you and your spouse have already been separated for a period of time that falls short of the 180-day requirement. For example, if you and your spouse have been living apart for three months, you can file for Article 103 (1) divorce in three more months and have your divorce finalized shortly thereafter, possibly without even needing to attend a hearing. However, even if you and your spouse have been living apart already, some people simply feel a sense of relief once the divorce is officially filed and for that reason, may choose to file for Article 102 divorce even though it means restarting the separation period and attending a divorce hearing.
How many days does a divorce have to be in order to be divorced?
Note that for both Article 102 and 103 (1) divorce, the 180-day separation requirement increases to 365 days if you and your spouse have minor children together.
What documents are the same regardless of whether you file for a 102 or 103 divorce?
Several documents are the same regardless of whether you file for a 102 or 103 (1) divorce: Child Support Worksheet and Parenting Plan (if minor children involved) For Article 102 divorce, you will also file a Rule to Show Cause. However, for Article 103 (1) you will file four additional documents:
How long do you have to live apart in Louisiana to get divorce?
Under Article 102, you and your spouse must live separate and apart at different residences for 180 days before the divorce can be finalized.
How long does a divorce petition take?
The spouse who files for divorce will need to take two witnesses to court who can testify to knowing that the spouses have lived separate and apart without reconciliation for 180 days (365 days if the couple has minor children together). With an Article 103 (1) divorce your Petition contains an Affidavit swearing that the information contained in ...
What article of the Louisiana Civil Code is divorce?
When you use DivorceWriter to prepare your divorce papers online, you choose whether to file for divorce under Article 102 or Article 103 (1) of the Louisiana Civil Code.
What is community property in divorce?
Assets - assets that were obtained by either spouse before an actual Petition for Divorce is file will likely be considered community property. Therefore, an agreement must be reached about the division of those assets, preferably between the two parties.
How long can a no fault divorce last?
The no-fault 103 divorce allows couples who have already lived apart for 6 months (if there are no minor children) or 12 months (if there are minor children) to have their divorce finalized providing all required documents have been filed and approved by the court.
What is fault based divorce?
There are also two types of "fault" based divorces which are also considered under Civil Code 103, one for spousal adultery and one for those who are convicted of a felony and serving a life sentence or were sentenced to hard labor.
How long do you have to wait to get custody of a child in Louisiana?
Children of the marriage in a 103 Divorce. Couples who had children during their marriage have an extended waiting period of 12 months except in the case of "at fault" divorces. Louisiana Civil Code Article 134 governs how courts will view child custody, though in most Divorce 103 cases, if the parents have agreed on custody ...
What to know when separated in Louisiana?
However, there are some things that you need to be aware of when you are separated in Louisiana but have not filed for divorce. Debts - assuming you and your spouse have been living separately, chances are you may have incurred some debt during that time.
What is 103 divorce?
What is Louisiana "103 Divorce?" 1 Debts - assuming you and your spouse have been living separately, chances are you may have incurred some debt during that time. Louisiana is a community property state and both spouses may be equally liable for the debt at least until the point when the Petition for Divorce is filed ( This can be complex and is certainly worthy of getting advice from an attorne y) 2 Assets - assets that were obtained by either spouse before an actual Petition for Divorce is file will likely be considered community property. Therefore, an agreement must be reached about the division of those assets, preferably between the two parties. 3 If you choose to wait the required time period before filing you need to understand that all assets and debts incurred while waiting are likely going to be community property.
Is Louisiana a community property state?
Louisiana is a community property state and both spouses may be equally liable for the debt at least until the point when the Petition for Divorce is filed ( This can be complex and is certainly worthy of getting advice from an attorne y)
