When someone says « divorce, » it`s easy to imagine an outraged couple who can`t stop fighting. However, it is increasingly common to seek professional psychological support, mediators and legal advisors who are willing to do their best to protect both parties from emotional trauma. To file for a no-fault divorce, Louisiana law requires that one or both spouses have resided in the state for at least one (1) year and have lived apart for at least one hundred and eighty (1) days (one (1) year if the couple has children). In the case of a fault-based divorce, separation is not required; However, a spouse must have committed adultery, been sentenced to death or hard labor for a crime, or abused his or her spouse or children. In most cases, for as long as you want. While many couples end up filing for divorce, some remain separated indefinitely. Some remain legally separated until one of the spouses wants to remarry. Many choose to remain officially married but separated for financial or personal reasons. Financial reasons may be health insurance, social security or retirement benefits, or joint debts. If you and your partner have reached an amicable agreement on how to dissolve the « business » aspects of the marriage, a separation agreement allows both of you to record the details in a binding legal document. Alternatively, if you`re considering divorce but want to try living apart first, a separation agreement can help both of you go through all the practical and emotional considerations about how life would be separated instead of being together.
Grounds for divorce (RS § 9:307, CC Art. 102, 103 and 103.1) – An applicant may apply for divorce through no fault of his own if he meets the conditions of separation (see below); Otherwise, to obtain a debt-based divorce, the applicant must prove that his or her spouse committed adultery, was sentenced to death or imprisonment with hard labor, or abused the applicant or his or her children to obtain a debt-based divorce. The reasons for a legal separation, separation of bed and board or food or a canteen and thoro in Louisiana are: Please note that opting for a legally binding marriage separation agreement is not necessarily faster or cheaper than filing for divorce. You may want to consult a lawyer to evaluate your options. If children are involved, a separation agreement helps clarify who should have custody, how often the other parent can visit, and whether child support is required. If a spouse interrupts his or her career to raise children, the separation agreement could determine whether a person should receive spousal support or support. Division of Property (CC Art. 2338) – Louisiana is a « communal property state, » meaning that all assets and debts are legally considered community property and are divided equally in a divorce case, unless the couple enters into a marriage agreement. A marriage agreement in Louisiana allows divorcing couples to enter into a legally binding agreement that sets out the terms of their marriage. The contract defines how the spouses divide their property, property and debts and, if applicable, describes the transfer of custody. By entering into a prenuptial agreement, couples can avoid excessive and costly litigation and have the terms of their divorce ordered by a judge. State district courts have unique rules and procedures, so spouses are advised to consult professionals familiar with local protocol.
The couple may want to file the separation agreement with the clerk`s office in their county, where one of the two people lives. In New York, for example, the application fee is $5.00. Since some states require a period of separation, filing the separation agreement triggers the process of finalizing a divorce. For example, one year after the signing and notarization of the separation agreement, the couple can convert their separation into a divorce through no fault of their own. Check your local county clerk`s office for details on the divorce process. You should NOT use a separation agreement if you don`t know where your spouse is or if your spouse refuses to consent. Instead, a separation agreement is best used when both spouses have come to a mutual understanding of how they want to handle the « affairs » of separation. Both spouses must VOLUNTARILY sign the agreement. While divorce always involves legal separation, legal separation does not always end in divorce. In some cases, a period of separation can actually help a couple reconcile and continue their marriage. Once a divorce is finalized by the court (usually when the court issues a divorce judgment), the marriage is terminated.
However, with a marriage separation agreement, even if it is legally binding, you will still be legally married. According to this Forbes article, there are some potential benefits of legal separation instead of divorce: both parties must arrive on time for the hearing and be willing to answer questions about the terms of their divorce. The judge will question both parties and, if all goes well, grant the divorce by signing a judgment form. As soon as copies of the judgment have been served on both spouses, the divorce becomes final. After the legal divorce, individuals can change their name by filing a name change petition with the county district court where they currently reside (women can include the application in their divorce judgment). The spouse filing for divorce must complete a divorce application and sign the confirmation (must be signed and authorized by a notary). These forms are available from the district court of the parish where the claim is filed (the parish where one of the spouses resides or where he or she lived as a couple). Alternatively, the Louisiana Divorce Form computer program can be used to complete the required paperwork (couples without children only).
