A separation decree will be granted if jurisdictional and residency requirements for a divorce are met, the marriage is irretrievably broken, and all issues regarding child custody and child support have been arranged for. Louisiana has both fault and no-fault grounds for divorce.
What to Know About a Louisiana Divorce
The plaintiff or the defendant must be a resident of Louisiana for 12 months before filing. Availability of Simplified or Special Divorce Procedures:. For instance, waiver of service is allowed if the defendant and a credible witness both sign off on it. Similarly, uncontested divorces can be heard before a court clerk or by sworn statements rather than having to appear before a judge.
To guard against the risk of liability for the debts of an ex, it is often advisable to pay off all marital debts as quickly as possible upon divorce. For certain debts like a home mortgage or car loan, if selling the property or paying off the debt is not feasible, it may be possible to refinance the loan in only one party's name.
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Another option, if a debt is assigned to one spouse during a divorce, is to request that a lien be placed on that spouse's separate property in order to secure payment of the debt. For more information about dividing debts and assets during divorce in Louisiana, or for assistance negotiating a divorce settlement that meets your needs, contact an attorney with experience in divorce and property division cases.
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Understanding the Louisiana Divorce Process
Menu Contact. Making The Complex Understandable. A Basic Divorce Information Guide and Online Forms for Louisiana Here is an information guide, which has a link to a computer program you can use to create forms for a very simple uncontested divorce.
About Domestic Violence and Divorce Information about domestic violence and information how to help from Southeast Louisiana Legal Services and other organizations. About Getting a Divorce in Louisiana -- Video and text.
Community Property: What is mine? What is yours? Divorce: Who Gets Custody?
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