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If you are ending your marriage, it is important to consult with a New Orleans divorce lawyer as soon as possible. Divorce raises many legal questions regarding the division of marital property, responsibility for joint debts, and division of child custody. In addition, divorce may result in one spouse paying support to the other. Because of the legal issues raised in a divorce and because the outcome can have a fundamental impact on the rest of your life, retaining a seasoned St. Charles divorce attorney is essential.

At J.C. Lawrence and Associates, our New Orleans divorce lawyers are your best choice when selecting quality legal representation. We understand that divorce is more than just a legal process and emotions and complex family relationships are involved. We treat your case with the utmost respect, keeping you updated and informed every step of the way. We help you navigate the divorce process, and advocate on your behalf so that you can walk away from the divorce with a reasonable and fair settlement.

How New Orleans Divorce Attorneys Can Help in a Divorce

Since Louisiana is a community property state, divorcing couples are each entitled to 50 percent of all marital assets. It does not matter what financial contribution, if any, you made to the relationship. Under community property rules, everything should be divided 50-50 with the exception of property that each spouse possessed before the marriage (if it was not mingled with marital property) and a few other exceptions, such as money that is inherited during a marriage or money that is obtained through the pain and suffering portion of a personal injury lawsuit.

Despite the community property rules in Louisiana, issues frequently arise regarding what items are excluded from the 50-50 split of marital property. The law can be complicated and to receive your fair share, you need the experience and perseverance of our New Orleans divorce lawyers. We may be able to reach an agreement regarding dividing spousal assets outside of court, eliminating the need to litigate the issues. Resolving all matters before trial can make your divorce quicker and less expensive. A lawyer at J.C. Lawrence and Associates can help you understand your rights and can negotiate a settlement based on what you are legally entitled to, rather than based on emotion or the desire to punish your spouse. If you are not able to agree on how to divide your assets, our New Orleans divorce attorneys will represent you in court and argue for your fair share.

Child custody, spousal support and child support are also key issues to resolve in a divorce. In Louisiana, standard formulas are used to set child support, while child custody is determined based on what is best for the child. Spousal support will depend on numerous factors, including whether an income disparity exists among the spouses, whether the disparity is likely to be permanent and how long the marriage lasted. In a best case scenario, you and your spouse, with the help of your New Orleans divorce lawyers, will reach an out-of-court agreement on these issues.

We also may recommend a neutral mediator who will work with both parties to reach an agreement on any outstanding issues. J.C. Lawrence and Associates will guide you through the mediation and represent you in court if a pre-trial settlement is not possible.

Contact the New Orleans Divorce Attorneys at J.C. Lawrence and Associates

The end of your marriage means the end of a shared family unit and it can be a difficult time. You need to focus on the emotional impact of a divorce and leave the legal aspects of ending your marriage to a legal professional you can trust. The lawyers at J.C. Lawrence and Associates have helped countless clients achieve favorable divorce settlements. We attempt to resolve matters as quickly and cost-effectively as possible while securing a settlement that is reasonable and allows you to move forward with your life.

To learn more about how the New Orleans divorce attorneys at J.C. Lawrence and Associates can assist with your divorce, give us a call today.

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New Orleans Divorce Attorneys | J.C. Lawrence and Associates

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If you are ending your marriage, it is important to consult with a New Orleans divorce lawyer as soon as possible. Divorce raises many legal questions regarding the division of marital property, responsibility for joint debts, and division of child custody. In addition, divorce may result in one spouse paying support to the other.

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12 Signs It Might Be Time to Get a Divorce

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12 Signs It Might Be Time to Get a Divorce

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Deciding whether your marriage is over or if you've still got some fight left is obviously not a choice that comes easily-especially after you've put in the work to try to salvage what feels like a loveless relationship. Here are some of the most common signs that you could be ready to move onto the next chapter of your life and file for divorce.

You never argue.

Believe it or not, you're supposed to argue. Silence and avoidance can be detrimental to a relationship. "When you just can't be bothered anymore it means something is missing," says relationship expert Dr. Juliana Morris.

While not all fights are productive, it's healthy to be able to resolve arguments in a way that benefits the marriage, she says: "You fight for each other. You fight for the relationship. The biggest problem is when there's no fight left."

#Winning is everything.

While never fighting (complete detachment) may be one sign of impending divorce, the way you argue when you do have a disagreement is another indication. "Ideally, you want a conflict to be resolved in a way that preserves the relationship," says Morris. "If fighting is more about pointing fingers, placing blame and the need to 'win,' the focus becomes power and not connection." And that, she says, is a red flag.

You want to provoke your spouse.

When you find you're constantly testing how far you can push your marriage before it completely shatters, you're playing divorce roulette. Sunny Joy McMillan, author of says that once you start trying to push your spouse's threshold, it's possible that you subconsciously want to end things but are afraid to make the move.

For example, if you leave your computer open to an inappropriate (read: flirtatious) email exchange, you may secretly be hoping your spouse finds it so they'll initiate a conversation about why you've been unhappy.

They send your heart racing.

We're not talking the pitter patter of love. We're referring to full on, heart-rate-rising stress. If you have a negative physical reaction when your spouse walks into the room, it's important to pay attention to what your body is telling you, says McMillan.

Along those same lines, if your heart grows heavy and your stomach balls up into a knot every time you think about staying in your marriage, your body is letting you know it might be time to go. "Our brains can lie to us," says McMillan. "Our body on the other hand, is the incorruptible truth-teller."

You hide your real self.

If you feel like you'll be rejected if your spouse sees "all" of who you are, it's impossible to be in a fulfilling relationship, says Lauren Lake, a relationship expert and paternity court judge.

"When you constantly have to filter yourself, or keep your beliefs away from your spouse, it shows a lack of respect in your opinion. And that's tough to fix."

You're overcompensating on Facebook.

Social media is funny. It manufactures an extremely edited version of our lives. It can also be a Trojan Horse, hiding the reality of an unhappy marriage. According to Morris, when you or your partner suddenly starts to overshare on social media, it's usually an attempt to cover up the truth. Constantly feeling the need to show the world how great your relationship is, when in reality you know it's not, may be a sign that things are falling apart.

Kids (or work, or friends) come first.

All of these outside influences can positively impact a marriage. But when any one thing begins to take over, leaving little room for a partner to dedicate time and attention to the relationship, it can take its toll, says Keith and Dana Cutler, married attorneys who preside as judges on their Emmy award-winning show, Couples Court with the Cutlers.

The Cutlers have noticed that "when those influences are all they talk about and all they think about, it can drive a wedge between spouses. The chasm can become so wide that the prospect of divorce begins to stare them right in the face."

It's "I" and "me" and never "we."

Marriage takes teamwork, and that means coming together for a common goal. "When the team mentality stops, it may be a sign your marriage is over," says Morris who encourages couples to think of their relationship in terms of "we" instead of "I."

Dr. Justin Lehmiller, a research fellow at The Kinsey Institute and the author of Tell Me What You Want, agrees. He says that the language we use when talking about our relationships can predict a break up. "The pronouns you choose (I, me, mine, our, us, we) are a sign of how close you feel to your partner." So, look out for what expressions you find yourself (or your spouse) using.

They stop being your "go-to" person.

Who do you call when you're having a bad day? Who's the first person you text when you hear good news? There's an amazing rainbow outside your window...who-besides Instagram-do want to send the photo to?

"Your partner should be the first person you go to, in crisis or in celebration," says Morris. "When either one of you no longer wants to share important moments, you stop feeling connected." That disconnect can cause major loneliness in a relationship, which can often lead to divorce.

Forgiveness doesn't seem like an option.

Infidelity in a marriage is definitely a road block, but not always a deal breaker. "It's possible to move on and have a healthy relationship," says Lake. However, "If both spouses choose to stay married, it's imperative to fully forgive and make peace with your partner." If you're dredging up past issues every time there's an argument, or are holding onto resentment, then it's most likely the marriage won't survive.

You already have an exit strategy.

Are you moving money into different accounts? Looking for a new job so you have even more financial independence? "Once you start planning like that, it's a sign that you believe your marriage isn't working," says Morris.

While she acknowledges that taking steps to ensure you're not reliant on anyone and that you have your own savings can certainly be a good thing, it also means that you may have one foot out the door without realizing it. And when you're not willing to be "all in," your marriage could be on the outs.

You're constantly wondering if you should go.

If you find that you're frequently confused about whether you should, or should not, get a divorce, McMillan has some admittedly harsh (or, possibly freeing) advice:

"There's one thing about confusion," she says. "It's usually a lie. We block our own answers when we tell ourselves we don't know." According to McMillan, "You are not confused about what to do, but you are afraid of the action you know you should probably take." In other words, if you are constantly wondering, then you likely already know your answer.

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how do you know when your marriage is over

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12 Signs It Might Be Time to Get a Divorce

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Deciding whether your marriage is over or if you've still got some fight left is obviously not a choice that comes easily-especially after you've put in the work to try to salvage what feels like a loveless relationship.

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The conventional portrayal of divorce on the silver screen and TV is usually marked by contention over serious matters like child custody and deciding who gets what when all is said and done - not to mention emotions running high, sometimes with dramatic events unfolding because of those emotions - but in reality, that form of divorce, legally known as a contested divorce, isn't necessarily the norm. There are actually several different types of divorce, some very different from the stereotypical contested type. After all, divorce isn't a one-size-fits-all affair, and the type of divorce a couple chooses depends on the particulars of their situation:

Are they willing to work together to come to an agreement on issues that may be hotly contested otherwise?

Do they have valuable assets to divide up or are children involved?

Why is the marriage coming to an end in the first place?

The answers to these questions can help guide divorcing spouses to the type of proceedings that best fits their unique situation. Today, many alternatives seek to keep the case out of the courtroom and resolve conflict in a cooperative way if possible.

The following are the most common types of divorce:

Fault and no-fault divorce

Not too many decades ago, the burden fell on the spouse seeking the divorce to prove wrongdoing on the part of the other in order to justify the divorce. Common reasons included adultery, extreme cruelty, abandonment and abuse. While all states have done away with making the practice of proving fault mandatory in favor of a no-fault approach that acknowledges that both parties contributed to the breakdown of the marriage, three states still require that fault be proven if the couple entered into a "covenant" marriage - Arizona, Arkansas and Louisiana - and some states provide the "fault" option in addition to the no-fault one. However, no-fault divorces are now standard practice, particularly for couples who don't anticipate a lot of fallout over matters like asset division.

Uncontested divorce

The opposite of the stereotypical contested divorce, an uncontested divorce relies on both spouses working together to hammer out the terms. Essentially, the process involves both filing separate paperwork with the court before going their separate ways peacefully. Because everything is squared away at the outset, there is no need for hearings, settlement negotiations or other court procedures.

Arbitration

When a divorcing couple wants to resolve contentious issues outside the court but can't come to an agreement on their own, they may resort to arbitration, in which a private judge known as an arbitrator weighs both sides' accounts of the facts of the case as a neutral third party and then makes a ruling just as a judge would in court.

Mediation

Another common choice for couples who can't agree on the finer points of the divorce but want to stay out of the court, mediation is similar to arbitration in that it also involves a neutral third party who listens to both spouses' sides of the story. However, unlike in arbitration, the mediator does not make any decisions for the couple but facilitates communication between them instead so that they can arrive at an agreement that can then be used by the judge to craft the final divorce judgment.

Collaborative divorce

Also known as collaborative law or collaborative practice, a collaborative divorce is another means of resolving contention between a divorcing couple without bringing the court into the picture. This form of divorce is similar to arbitration and mediation, but instead of using a neutral third party to spur communication or make a judgment for the couple, it involves both spouses retaining their own legal counsel, an attorney with a special focus on collaborative law. Before beginning the process, both spouses sign an agreement stating that they will work together to come to an agreement. If they fail, both attorneys will withdraw from the case, and both spouses will have to start from square one, so this agreement can be an effective incentive to work together.

Default divorce

Essentially a divorce in absentia, this type of divorce occurs when one spouse files and the other doesn't respond - usually because he or she cannot be found. The divorce is granted "by default" and without the need for the non-responsive spouse to appear before the court at all.

Summary divorce

A summary - or "simple" - divorce is intended to streamline the process for couples who are most likely to be in a position to cooperate; that is, they lack substantial assets, have no children and weren't married for very long. Many states impose a monetary threshold for the amount of assets and debts that the couple can have and require that no children or significant real property be present although exceptions can be made in some jurisdictions with the proper documentation. In a summary divorce, both spouses usually only need to fill out and file a few forms to complete the process.

Contested divorce

The conventional "heated" divorce, this well-known type involves both spouses retaining separate attorneys and taking contentious issues before the court for the judge to decide. The formal process typically involves hearings, settlement negotiations and even a trial in some cases. This form of divorce may be necessary when both spouses have a high net worth, considerable assets and liabilities, and a lot at stake in the proceedings.

Same-sex divorce

In the increasing number of states that allow same-sex marriage as well as in several other states, same-sex couples now have legal recourse to end their marriages, domestic partnerships or civil unions formally, using the same forms and proceedings as heterosexual married couples.

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The conventional portrayal of divorce on the silver screen and TV is usually marked by contention over serious matters like child custody and deciding who gets what when all is said and done - not to mention emotions running high, sometimes with dramatic events unfolding because of those emotions - but in reality, that form of divorce, legally known as a contested divorce, isn't necessarily the norm.

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JC Lawrence and Associates LLC - New Orleans Divorce Attorneys

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JC Lawrence and Associates LLC - New Orleans Divorce Attorneys

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303 South Broad Street
New Orleans, LA 70119
Phone: 504-822-1359
http://www.jclawrence.com

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This section has basic information about divorce in Louisiana, including the grounds to get a divorce and the residency requirements that must be met to file for a divorce in Louisiana. You will find more information about divorce, including the risks of taking your children out of state while a divorce is pending, on our general Divorce page. To watch brief videos about divorce in Spanish with English sub-titles, go to our Videos page. Lastly, learn more about the court process on our Preparing for Court - By Yourself page.

What are the residency requirements for divorce in Louisiana?

You can file for divorce in Louisiana if, at the time of filing, one or both of the spouses are "domiciled" in Louisiana. ¹ The law assumes that a person is "domiciled" in Louisiana if s/he has established and maintained a residence there for at least six months. ² The divorce must be filed in a parish where either party is domiciled, or in the parish where you were domiciled together in the marital home. ³

¹ LA Code Civ Pro 10(A)(7)
² LA Code Civ Pro 10(B)
³ LA Code Civ Pro 3941(A)

What are the grounds for divorce in Louisiana?

Grounds are legally acceptable reasons for a divorce. There are no-fault and fault-based grounds for divorce in Louisiana.

A judge can grant a no-fault divorce if you and your spouse have lived separate and apart continuously for at least:

180 days if you and your spouse do not have a child together under 18 years old; or

365 days if you and your spouse do have a child together under 18 years old.¹

A judge can grant a fault-based divorce if:

1. your spouse has committed adultery;

2. your spouse has committed a felony and has been sentenced to death or imprisonment with hard labor;

3. your spouse physically or sexually abused you or your child/step-child during the marriage (it does not matter if the spouse was criminally charged with the abuse); or

4. a criminal or civil protective order or injunction was issued during your marriage against your spouse to protect you or your child/step-child from abuse.²

Note: If you have a covenant marriage, different laws apply. Please talk to a lawyer about filing for a divorce from a covenant marriage.

¹ LA Code Civ Pro 103(1); 103.1
² LA Code Civ Pro 103

Can I get spousal support?

Spousal support (also known as alimony) is financial support paid by or to your spouse and can be awarded during the divorce ("interim support") and/or when a divorce is granted. To get interim periodic support or final periodic support, the judge must believe that you are in need of support and not "at fault" for the divorce. To get final periodic support, the judge must also consider your spouse's ability to pay support. ¹ The judge will assume that you should be granted final periodic support if:

the judge determines that your spouse committed domestic abuse against you, your child, or your spouse's child; or

you were granted a judgment of divorce based on one of the four fault-based grounds explained in What are the grounds for divorce in Louisiana? ²

When deciding the amount of support that you will get and for how long you will receive support, the judge will consider all relevant factors, including:

1. the income and finances of each spouse;

2. the financial obligations of each spouse, including any interim support that is ordered or a final child support obligation;

3. how much each spouse is capable of earning, including the effect that having custody of children has upon a spouse's earning capacity;

4. the time necessary for you to get appropriate education, training, or employment;

5. the health and age of the parties;

6. the length of the marriage;

7. the tax consequences to each spouse; and

8. if your spouse committed domestic abuse against you or your child (or against your spouse's child), the judge will consider:

the effect of such abuse; and

the length of time that the abuse went on (it doesn't matter if your spouse was criminally charged for the domestic violence).3 Note: To determine if your spouse committed domestic abuse against you, the judge will consider any criminal convictions for an offense committed against you during the marriage. If there are no such convictions, the judge can order an evaluation of both parties by an independent mental health professional who is an expert in the field of domestic abuse to help determine if there was abuse and the nature of the abuse.⁴

Your interim or final periodic spousal support will end if:

either spouse dies;

you remarry; or

if there is a judicial determination that you live ("cohabitate") with someone else in a way similar to a married couple.⁵

How much spousal support can I get?

The amount of support you will receive cannot be greater than 1/3 of your spouse's net income unless either of the following are true:

1. the judge determines that your spouse committed domestic abuse against you, your child, or your spouse's child; or

2. you were granted a judgment of divorce based on either of these fault-based grounds:

​your spouse physically or sexually abused you, your child, or your spouse's child during the marriage (it does not matter if the spouse was criminally charged with the abuse); or

a criminal or civil protective order or injunction was issued during your marriage against your spouse to protect you, your child, or your spouse's child from abuse.¹

In either of these two scenarios, you can receive a lump sum that is greater than one-third of your spouse's net income. 2

¹ LA Code Civ Pro 112(D); 103
² LA Code Civ Pro 112(D)

What types of injunctions related to abuse and harassment can a judge issue in a divorce case?

If the judge believes that there is family violence, the judge is supposed to issue an injunction as part of the divorce. The injunction, which takes the form of an abuse prevention order, would prohibit the violent spouse from contacting the abused parent or the children except for specific purposes such as communication about the children's education, health, and welfare. The injunction will also order the violent parent to stay at least fifty yards away from the abused parent and children as well as their home, school, place of employment. It will also state that the abuser cannot come within fifty feet of the abused parent's automobiles, except as may otherwise be necessary for court-ordered visitation. ¹

A violation of the injunction can punished as contempt of court and will result in the termination of all court-ordered child visitation. ²

A judge can also grant an injunction that specifically prohibits a spouse from physically or sexually abusing the other spouse or a child of either of the parties. ³

Lastly, a judge can issue an injunction prohibiting one spouse from harassing the other spouse. ⁴

What are the basic steps for filing for divorce?

While divorce laws vary by state, here are the basic steps:

First, you must meet the residency requirements of the state in which you wish to file.

Second, you must have "grounds" (a legally acceptable reason) to end your marriage.

Third, you must file divorce papers and have copies sent to your spouse.

Fourth, if your spouse disagrees with anything in the divorce papers, he will then have the opportunity to file papers telling his side. This is called "contesting the divorce." In this case, you will have to attend a series of court appearances to sort the issues out. If your spouse does not disagree with anything, he should sign the papers and send them back to you and/or the court. This is called an "uncontested divorce." If a certain period of time passes and your spouse does not sign the papers or file any papers of his/her own, you may be able to proceed with the divorce as an uncontested divorce anyway. You should speak to a lawyer in your state about how long you have to wait to see if your spouse answers the divorce papers before you can continue with the divorce.

Fifth, if there is property that you need divided, or if you need financial support from your spouse, you will have to work that out in an out-of-court settlement, or in a series of court hearings. Custody may also be decided as part of your divorce.

Where can I find additional information about divorce?

Louisiana State Bar Association has a divorce brochure with information on spousal support and one with information on community property. They also offer instructions and forms for pro se litigants filing for divorce.

LawHelp.org provides:

WomensLaw.org is unrelated to the above organizations and cannot vouch for the accuracy of the information on their sites. We provide these links for your information only.

What are the residency requirements for divorce in Louisiana?

You can file for divorce in Louisiana if, at the time of filing, one or both of the spouses are "domiciled" in Louisiana. ¹ The law assumes that a person is "domiciled" in Louisiana if s/he has established and maintained a residence there for at least six months. ² The divorce must be filed in a parish where either party is domiciled, or in the parish where you were domiciled together in the marital home. ³

¹ LA Code Civ Pro 10(A)(7)
² LA Code Civ Pro 10(B)
³ LA Code Civ Pro 3941(A)

What are the grounds for divorce in Louisiana?

Grounds are legally acceptable reasons for a divorce. There are no-fault and fault-based grounds for divorce in Louisiana.

A judge can grant a no-fault divorce if you and your spouse have lived separate and apart continuously for at least:

180 days if you and your spouse do not have a child together under 18 years old; or

365 days if you and your spouse do have a child together under 18 years old.¹

A judge can grant a fault-based divorce if:

1. your spouse has committed adultery;

2. your spouse has committed a felony and has been sentenced to death or imprisonment with hard labor;

3. your spouse physically or sexually abused you or your child/step-child during the marriage (it does not matter if the spouse was criminally charged with the abuse); or

4. a criminal or civil protective order or injunction was issued during your marriage against your spouse to protect you or your child/step-child from abuse.²

Note: If you have a covenant marriage, different laws apply. Please talk to a lawyer about filing for a divorce from a covenant marriage.

¹ LA Code Civ Pro 103(1); 103.1
² LA Code Civ Pro 103

Can I get spousal support?

Spousal support (also known as alimony) is financial support paid by or to your spouse and can be awarded during the divorce ("interim support") and/or when a divorce is granted. To get interim periodic support or final periodic support, the judge must believe that you are in need of support and not "at fault" for the divorce. To get final periodic support, the judge must also consider your spouse's ability to pay support. ¹ The judge will assume that you should be granted final periodic support if:

the judge determines that your spouse committed domestic abuse against you, your child, or your spouse's child; or

you were granted a judgment of divorce based on one of the four fault-based grounds explained in What are the grounds for divorce in Louisiana? ²

When deciding the amount of support that you will get and for how long you will receive support, the judge will consider all relevant factors, including:

1. the income and finances of each spouse;

2. the financial obligations of each spouse, including any interim support that is ordered or a final child support obligation;

3. how much each spouse is capable of earning, including the effect that having custody of children has upon a spouse's earning capacity;

4. the time necessary for you to get appropriate education, training, or employment;

5. the health and age of the parties;

6. the length of the marriage;

7. the tax consequences to each spouse; and

8. if your spouse committed domestic abuse against you or your child (or against your spouse's child), the judge will consider:

the effect of such abuse; and

the length of time that the abuse went on (it doesn't matter if your spouse was criminally charged for the domestic violence).3 Note: To determine if your spouse committed domestic abuse against you, the judge will consider any criminal convictions for an offense committed against you during the marriage. If there are no such convictions, the judge can order an evaluation of both parties by an independent mental health professional who is an expert in the field of domestic abuse to help determine if there was abuse and the nature of the abuse.⁴

Your interim or final periodic spousal support will end if:

either spouse dies;

you remarry; or

if there is a judicial determination that you live ("cohabitate") with someone else in a way similar to a married couple.⁵

How much spousal support can I get?

The amount of support you will receive cannot be greater than 1/3 of your spouse's net income unless either of the following are true:

1. the judge determines that your spouse committed domestic abuse against you, your child, or your spouse's child; or

2. you were granted a judgment of divorce based on either of these fault-based grounds:

​your spouse physically or sexually abused you, your child, or your spouse's child during the marriage (it does not matter if the spouse was criminally charged with the abuse); or

a criminal or civil protective order or injunction was issued during your marriage against your spouse to protect you, your child, or your spouse's child from abuse.¹

In either of these two scenarios, you can receive a lump sum that is greater than one-third of your spouse's net income. 2

¹ LA Code Civ Pro 112(D); 103
² LA Code Civ Pro 112(D)

What types of injunctions related to abuse and harassment can a judge issue in a divorce case?

If the judge believes that there is family violence, the judge is supposed to issue an injunction as part of the divorce. The injunction, which takes the form of an abuse prevention order, would prohibit the violent spouse from contacting the abused parent or the children except for specific purposes such as communication about the children's education, health, and welfare. The injunction will also order the violent parent to stay at least fifty yards away from the abused parent and children as well as their home, school, place of employment. It will also state that the abuser cannot come within fifty feet of the abused parent's automobiles, except as may otherwise be necessary for court-ordered visitation. ¹

A violation of the injunction can punished as contempt of court and will result in the termination of all court-ordered child visitation. ²

A judge can also grant an injunction that specifically prohibits a spouse from physically or sexually abusing the other spouse or a child of either of the parties. ³

Lastly, a judge can issue an injunction prohibiting one spouse from harassing the other spouse. ⁴

What are the basic steps for filing for divorce?

While divorce laws vary by state, here are the basic steps:

First, you must meet the residency requirements of the state in which you wish to file.

Second, you must have "grounds" (a legally acceptable reason) to end your marriage.

Third, you must file divorce papers and have copies sent to your spouse.

Fourth, if your spouse disagrees with anything in the divorce papers, he will then have the opportunity to file papers telling his side. This is called "contesting the divorce." In this case, you will have to attend a series of court appearances to sort the issues out. If your spouse does not disagree with anything, he should sign the papers and send them back to you and/or the court. This is called an "uncontested divorce." If a certain period of time passes and your spouse does not sign the papers or file any papers of his/her own, you may be able to proceed with the divorce as an uncontested divorce anyway. You should speak to a lawyer in your state about how long you have to wait to see if your spouse answers the divorce papers before you can continue with the divorce.

Fifth, if there is property that you need divided, or if you need financial support from your spouse, you will have to work that out in an out-of-court settlement, or in a series of court hearings. Custody may also be decided as part of your divorce.

Where can I find additional information about divorce?

Louisiana State Bar Association has a divorce brochure with information on spousal support and one with information on community property. They also offer instructions and forms for pro se litigants filing for divorce.

LawHelp.org provides:

WomensLaw.org is unrelated to the above organizations and cannot vouch for the accuracy of the information on their sites. We provide these links for your information only.

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This section has basic information about divorce in Louisiana, including the grounds to get a divorce and the residency requirements that must be met to file for a divorce in Louisiana. You will find more information about divorce, including the risks of taking your children out of state while a divorce is pending, on our general Divorce page.

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Frequently Asked Questions About Divorce In Louisiana 

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Frequently Asked Questions About Divorce In Louisiana 

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Yes. The law allows you to file for a divorce without a lawyer. However, it is always better to seek the assistance of a lawyer, especially if you have children and/or community property. You should also keep in mind that neither the Judge nor the Clerk of Court's office can give you legal advice. If you decide to represent yourself, the court will hold you to the same standard as people who are represented by lawyers.

It is up to you to become familiar with the applicable law and courtroom procedures should you decide to file for a divorce without a lawyer. Consulting with a lawyer is always best, and if you qualify for such services, you may want to seek out free or reduced-fee legal aid in your area.

Article 101 of the Louisiana Civil Code provides that marriage terminates upon: (1) the death of either spouse; (2) divorce; (3) a judicial declaration of its nullity, when the marriage is relatively null; and (4) the issuance of a court order authorizing the spouse of a person presumed dead to remarry, as provided by law. It should be noted that Louisiana no longer has an action for legal separation (except in the case of a covenant marriage).

It depends. For traditional, non-covenant marriages, Louisiana no longer has an action for a legal separation. Couples that were legally separated before the action was repealed are still considered to be separated. However, for covenant marriages, which are far less common than traditional marriages, there is an action for separation from bed and board. If you are unsure if you entered into a covenant marriage, you probably did not. However, this will be noted on your marriage certificate. (See # 5.)

Legal separations are different than the physical separation which occurs when couples live separate and apart prior to obtaining a no-fault divorce. A couple can live separate and apart for purposes of obtaining a divorce, but will not be declared legally separated (unless they have a covenant marriage).

No. Couples in Louisiana are not considered married unless they have obtained a marriage license and had a marriage ceremony, regardless of how long the couple has lived together. Louisiana does recognize couples as married who are considered to have a common law marriage in another state. For example, if you and your spouse have a common law marriage in another state and then move to Louisiana, your marriage may be recognized in Louisiana.

Section 9:272 of the Louisiana Revised Statutes provides: "A covenant marriage is a marriage entered into by one male and one female who understand and agree that the marriage between them is a lifelong relationship. Parties to a covenant marriage have received counseling emphasizing the nature and purposes of marriage and the responsibilities thereto. Only when there has been a complete and total breach of the marital covenant commitment may the non-breaching party seek a declaration that the marriage is no longer legally recognized."

Parties to a covenant marriage must declare their intent to enter into such a marriage and obtain counseling prior to obtaining a marriage license. A judgment of divorce in a covenant marriage may not be obtained until the parties have obtained counseling. Unless you chose to have a covenant marriage, which involves completing special forms and obtaining special counseling, you likely have a traditional, non-covenant marriage.

Article 104 of the Louisiana Civil Code provides: "The cause of action for divorce is extinguished by the reconciliation of the parties." The effect of reconciliation is to wipe the slate clean to make the issue of a party's fault prior to reconciliation moot as to any subsequently filed action for divorce. This means that if you reconcile with your spouse and resume living together after living separate and apart, the time you spent living and apart prior to reconciliation will not count toward the requirements for a 103 divorce.

Reconciliation cannot be effected without cohabitation and resumption of marital status. Reconciliation is a defense, meaning that if you file for a divorce and your spouse doesn't want to get divorced, then your spouse can prevent the divorce if they can prove that you two have reconciled. Sexual activity, without resuming living together, is generally not enough to conclusively prove reconciliation.

The Louisiana Civil Code provides for two types of divorces for spouses in traditional, non-covenant marriages: (1) an Article 102 divorce, and (2) an Article 103 divorce. Divorces for spouses with a covenant marriage are not discussed here.

Article 102 provides for a no-fault divorce for marriages with or without minor children. Article 102 no-fault divorces are for spouses who have not yet been living separate and apart for the required waiting period, which is either 180 or 365 days. If there are no minor children, or if there is physical or sexual abuse, then the waiting period is 180 days or less. If there are minor children of the marriage, then the waiting period is 365 days. Unless adopted, children from outside the marriage do not count in factoring the necessary time to live separate and apart.

The advantage of an Article 102 divorce is that the community property will be terminated retroactively to the date of the initial filing of the petition for divorce. It also allows you to begin resolving incidental matters such as child custody, visitation rights, child support, property rights, and spousal support. These matters can be resolved either by mutual agreement between the divorcing couple or by court order if the couple cannot come to an agreement.

Article 103 provides for a no-fault divorce for marriages with or without minor children. Article 103 no-fault divorces are for spouses who have already been living separate and apart for the required waiting period, which is either 180 or 365 days as described above.

Article 103 also provides for two fault-based divorces for marriages with or without minor children. The two fault-based grounds for divorce under Article 103 are for where the other spouse has committed adultery or sentenced to death or imprisonment at hard labor for committing a felony. There is no waiting period for an Article 103 fault-based divorce.

This website only provides assistance with 103 divorces. For assistance with a 102 or 103 divorce, please click here to find an attorney .

The court will decide the issue of termination or dissolution of the marriage. This is the legal term for divorce. The court will end your marriage and all the legal benefits that are a part of your marriage. The court can also decide incidental matters such as child custody, visitation rights, child support, spousal support (also known as alimony), and how to divide up certainly property.

Probably not. Court-appointed lawyers are usually not available in divorce cases and you do not generally have a "right" to an attorney in civil matters. Please click here to find an attorney .

If a spouse disappears under circumstances that make death seem certain, although the body has not been found, a proceeding can be filed to have the death recognized by law, thereby terminating the marriage. If the spouse is on active duty in one of the United States' armed forces and has been reported missing under circumstances causing the armed services to accept the presumption of death, a Louisiana court may make a declaration of death.

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. It is the Judge and not your spouse, who decides to grant you a divorce. Even if your spouse ignores the divorce case completely, you can still ask for a divorce.

There are two types of spousal support in Louisiana: interim spousal support and final periodic spousal support. Interim spousal support may be awarded to a spouse who does not have sufficient income for his/her maintenance pending the divorce. It is designed to maintain the status quo in both spouses' living conditions, to the extent that this can be accomplished, and it may last up to six months after the date of the divorce.

Final spousal support may be awarded to an ex-spouse who has been found to be free from fault in the breakup of the marriage. It can be awarded after a determination that the spouse requesting the support has a need and the other spouse has the means to provide for that need. This can be complicated and it is best to consult an attorney.

The 21st Judicial District Court is located at 20180 Iowa Street in Livingston (for Livingston Parish); 369 Sitman Street in Greensburg (for St. Helena Parish); and 110 N. Bay Street in Amite (for Tangipahoa Parish). The offices are open 8am-4pm (closed between 12pm-1pm). For more information, including fees, you can call (225) 686-2216 (Livingston); (225) 222-4514 (Greensburg); and (985) 748-4146 (Amite). Please note that the Clerk of Court does not "notarize" documents, and you may need to visit a Notary Public beforehand.

Article 5181 of the Louisiana Code of Civil Procedure provides: "an individual who is unable to pay the costs of court because of his poverty and lack of means may prosecute or defend a judicial proceeding in any trial or appellate court without paying the costs in advance or as they accrue or furnishing security therefore."

If you cannot afford the filing fee, then you can file an affidavit with the court to proceed in forma pauperis (IFP). Not only must you swear and prove to the court that you cannot afford to pay the filing fees, but you will also need a witness who knows you to swear to the court that you can't afford to pay the filing fees. The Louisiana Supreme Court provides an IFP affidavit for use in the district courts. If allowed to proceed IFP, you will not have to pay the filing fees in advance. The fees will be assessed by the judge at the end of the case though, and if you lose your case the court may assess the fees to you.

NOTE THAT AN APPROVED IFP APPLICATION DOES NOT MEAN YOU WILL NEVER HAVE TO PAY THE FEES.

An approved IFP application means that your case can move forward before you pay the fees, but that you will still have to pay court fees at a later date.

If you have little or no income, it is likely that you qualify for either a no-fee or low-fee attorney from one of the legal aid organizations in the state. Please click here for more information.

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Yes. The law allows you to file for a divorce without a lawyer. However, it is always better to seek the assistance of a lawyer, especially if you have children and/or community property. You should also keep in mind that neither the Judge nor the Clerk of Court's office can give you legal advice.

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If you have a child and later separate from your spouse or partner, it is imperative to seek the help of a New Orleans divorce lawyer to obtain a child custody agreement. A child custody agreement will outline the scope of responsibility and rights of each parent. The agreement will address both physical placement of the child (where the child will live) and legal custody (who has the right to make essential decisions about the child).

Since a child custody agreement is essential to protecting your rights and the rights of your child, you need an experience family law attorney to make sure it is done right. At J.C. Lawrence and Associates, we fight for the parental rights of our clients in order to do what is best for their children and to fight for a custody arrangement that makes sense for the family.

Resolving Child Custody Disputes

Family courts in New Orleans encourage parents to resolve custody disputes on their own, outside of court, by creating a custody agreement or parenting plan together. You know your family dynamic best and what makes the most sense for your family and your children. After discussing your options, your New Orleans divorce attorney can help negotiate a child custody agreement with the father/mother of your child. If both sides cannot reach an agreement, your attorney can work with a mediator to resolve the outstanding issues.

In some cases, parents simply cannot agree on a custody agreement. In such cases, you need the help of an experienced New Orleans divorce lawyer or child custody attorney. Your custody case will be decided in family court and you will need to persuade the judge that your proposed custody arrangement is best for the child (or children).

In creating a custody agreement, the court will consider the best interests of the child. The judge will evaluate many factors such as who the primary caregiver has been for most of the child's life, as well as which parent can provide the most stable and loving environment for the child. Financial responsibility, emotional support, the parent and child relationship, the willingness of the parent to keep the child in the community or allow ongoing contact with extended family and a host of other factors are all examined when making a custody determination. Your New Orleans divorce attorney can help you make a compelling case, including providing testimony from witnesses, in order to convince the court that your custody agreement is best for your child. An experienced custody attorney can be the difference in obtaining physical custody of your child or ending up with only visitation rights.

Contact J.C. Lawrence and Associates for Help with Your Child Custody Issues

At J.C. Lawrence and Associates, we know that child custody is more than just a legal issue and we understand how important it is to maintain a strong and loving relationship with your kids. We will dedicate ourselves to your case, using our extensive legal knowledge and experience to vigorously represent you in your child custody dispute.

Our devoted New Orleans divorce lawyers and family law attorneys have represented hundreds of parents in child custody cases. We are committed to securing the outcome that makes sense for you and your family. Contact us today to learn how we can help in your child custody case.

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If you have a child and later separate from your spouse or partner, it is imperative to seek the help of a New Orleans divorce lawyer to obtain a child custody agreement. A child custody agreement will outline the scope of responsibility and rights of each parent.

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The Child-Parent Relationship After High-Conflict Divorce

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The Child-Parent Relationship After High-Conflict Divorce

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For some parents, divorce is the only way they can see out of a marriage filled with bitter battles, resentment, blame, and perhaps even active dislike. For them, divorce is a necessary evil that will give them a chance to create a happier life - and perhaps a second chance at finding love. But what does that mean for the child-parent relationship after high-conflict divorce?

Well, life is not that simple, especially when you have a child from the marriage. It is not easy for a kid to cope with the separation of his parents while he is growing up. Since children have an impressionable mind, a painful event like his parents' high-conflict divorce can leave permanent emotional scars.

A report suggests that nearly half of the children (50%) in the US are likely to witness divorce of their parents. It also reveals that half of those kids will also see the breakup of their parent's second marriage. The statistics are saddening, but one out of every ten children in the US is likely to witness three or more subsequent parental marriage breakups.

High-conflict divorces have a significant impact on a child's academic performance, his emotional state, his health and even his behavior. A child who has lived through his parents' difficult divorce is more likely to suffer from poor health, receive poor grades in his class and encounter suicidal thoughts more than children whose parents are happily married.

[ Ed. note: However, the prognosis for the child is much better if the parents handle divorce in a respectful, civilized manner, and create a parenting plan that allows the child ample access to both parents post-divorce. Recent studies show that it is ongoing conflict between parents - not the divorce itself - that is so damaging to children.]

Now if you think divorce solely affects the child, then you may be wrong. It affects the relationship between the child and his or her parents the most. Even if someone gets custody of the child, it is, needless to say, that things no longer remain the same in some child-parent relationships after the divorce happens.

Here are 3 issues that may arise in the child-parent relationship after a high-conflict divorce.

1. Children grow more distant from their parents after divorce.

After the separation, the primary custody of the child usually goes to one parent - although shared parenting is becoming the norm for cooperative co-parents. So, while one gets to stay near him, the other has to live apart from the child. In the child's growing years, the separation can make him more distant from one of his parents both physically and emotionally.

If someone remains out of sight, they slowly start to fade out of mind. However, it's more complicated in the case of a divorce. Most of the time, a marriage ends on bitter terms, and that is why one of the parents may decide to move out of town, even if they have a kid together. This is one of the instances of how a parent grows distant from his/her child after divorce.

In some cases, it's the anger of one or both parents that cause a child to become distant from one of his parents. It is not rare to see a single parent with a grudge against his/her former partner, even after the divorce. Often, the animosity translates into the upbringing he/she provides to the child.

When a child sees his mother blaming the father for every unfortunate incident, he starts to think the same way. And since the father is not there to present his side of the story, the distance between the child and his father grows wider. This can lead to parental alienation.

2. Children lose respect for their parents.

A bitter divorce often breaks children emotionally. In their growing years, when their parents' arguments escalate into constant warfare ending in divorce, the children could see their parents as irresponsible, selfish - or they might conclude that their parents hated each other more than they loved their children.

A child usually feels depressed when he longer has his father around and watches his mother cry herself to sleep. It is never easy for the children to go through this phase. But it does not take much time for the depression to turn into anger.

It creates a negative image of the parents in the child's mind if one or both of his parents start missing school functions - or attending those functions and getting into a public fight in front of the child. Small things like this fuel the repressed rage that a child develops after the hostile divorce of his parents.

Also, children often cannot accept a second marriage of their parents. They not only develop disrespect for the person the parent is married to, but also for both of his biological parents when he sees his parents involved in a romantic relationship with someone else.

As a parent, it becomes necessary for you to talk to your kid about the divorce and learn how he feels about the whole thing. If a child does not share his feeling about the breakup of his parents, it can induce behavioral changes in him. Most of the high school bullies have divorced parents, and to cope with the fact, they unleash their anger on unrelated things.

3. Children lose respect for marriage.

Children generally look up to their parents for inspiration. And when a bad marriage ends in a bad divorce, the children could lose respect for not just the parents but also for the institution of marriage itself. Divorce often comes as a shock to the children, and by the time a kid starts to realize what is going on with his parents, half his childhood years are already over.

Divorce may help end an unhealthy marriage between two people, but to a child, it ends the only marriage that matters to him. When a kid grows up believing there is no value in a commitment, marriage appears as a lie to them. No wonder some people are so afraid of commitment.

Kids with divorced parents often grow up believing that marriages are supposed to end in divorce. It is one of the major reasons they often disapprove of the second marriages of their parents. When they see what divorce does to people from up close, they develop a negative opinion about marriage as a whole.

Consider Therapy - for the Child and/or the Family

A bitter divorce affects the psyche of a child, so parents should consider taking their children to therapy during and after the divorce. [Ed. note: Therapy is a safe space for children to express their thoughts and feelings and ask questions without fear of hurting or angering their parents. A therapist can also alert parents if he/she believes the child poses a danger to himself or others.]

One cannot deny the fact that divorce does affect the dynamics of the parent-child relationship to a great extent. People often believe that getting a divorce after the kids are grown up may have less impact on the child, but studies show that adult children struggled to cope with the divorce of their parents even when they are in their late 20s.

If divorcing parents are really concerned about their children's welfare, they should meet with a parenting expert to help create a plan that is best for the kids and works for the parents - who may need to develop co-parenting skills to separate their feelings about their ex-spouse with their role as co-parents.

The bottom line is that kids need both parents in their lives in order to grow into emotionally healthy adults. There are some roles that suit the father, and there are some things that mother can handle better. If a kid does not have his father around when he needs assignment help for a school project, it may not seem like a big deal. But for the kid, small things can be as damaging as some of the more obvious mistakes divorced parents make while trying to hurt their ex-spouse.
Ava Smith is a subject matter expert at MyAssignmenthelp.com, currently pursuing her Ph.D. in Psychology from the University of West Australia. Apart from her job in the assignment help organization, she loves writing about people in her leisure time.

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What Happens to a Child-Parent Relationship after High-Conflict Divorce?

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The success of the child-parent relationship after divorce will depend on how well both parents are able to take into consideration the needs of the child. Here are issues that can come up between a child and parent and advice on how to deal productively with those issues.

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Just as no two relationships are exactly the same, there are different types of divorce as well. Each comes with its own financial issues, child custody disputes, and property settlements, not to mention the incredible emotional toll that is unique to everyone who goes through this challenging process. Divorce or the dissolution of a marriage can happen in a few different ways and while you might assume the process will definitely take you and your spouse to court, that's not usually the case. In fact, it's estimated that 95% of all divorces in the United States are settled outside of court, as both parties are able to come to terms on issues like child custody, alimony, and the division of marital assets without the interference of the court.

The type of divorce you have is typically determined by how willing you are your spouse are to work together during the divorce process, as opposed to going to battle in court. If you're considering or are in the midst of a divorce, make sure you learn more about four common types of divorce and what each could mean for you and your spouse.

No-Fault Divorce

A no-fault divorce takes place when you and your spouse agree that no one is at fault for the failure of the marriage. The reasons for seeking a divorce may be as simple as incompatibility or irreconcilable differences. There doesn't have to be any further explanation or proof that the marriage isn't working. Back in 1970, California was the first state to pass no-fault divorce laws, forever changing the divorce process and making it much easier to end a marriage. Before this, you would have to prove grounds for the divorce, which included things like adultery, desertion, and physical or mental cruelty.

Uncontested Divorce

In an uncontested divorce, both spouses reach a mutual agreement to end the marriage. They are able to come to an agreement regarding the division of property, any financial issues, child custody, and other contentious issues. An uncontested divorce can save time and money through streamlined court procedures.

Though uncontested divorces are simple and quick, but they can cause people to give up rights they did not know they had. This includes things like alimony, the division of retirement benefits, and other sources of income.

It's always prudent to at least consult an attorney, even if you and your soon to be ex-spouse are on good terms.

Simplified Divorce

Simplified divorces are uncontested, no-fault divorces where there is no conflict between the spouses. Usually, simplified divorce takes place between couples who have been married a short amount of time, who don't have children, and who have few marital assets to bicker over.

State laws differ when it comes to simplified divorce, but if your state allows it, it's usually a more affordable and less stressful way to go. This type of divorce is usually granted quickly-normally within 30 days of filing.

Limited Divorce

A limited divorce is similar to a legal separation, but it's not allowed in some states. Usually, couples who need to arrange their finances and settle other issues will choose a limited divorce to give them time to figure out the details before the divorce becomes final. As in a legal separation, you and your spouse can't live together or be intimate with each other (or anyone else for that matter) while you go through this type of divorce.

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Just as no two relationships are exactly the same, there are different types of divorce as well. Each comes with its own financial issues, child custody disputes, and property settlements, not to mention the incredible emotional toll that is unique to everyone who goes through this challenging process.

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Traditional Marriages vs. Covenant Marriages: What the Differences Mean to You if You Decide to Divorce

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Traditional Marriages vs. Covenant Marriages: What the Differences Mean to You if You Decide to Divorce

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Considering a divorce or a legal separation in Louisiana? Read on to learn more about your legal rights and options and what the state rules are regarding your ability to leave your spouse.
The state of Louisiana recognizes two types of marriages: traditional and covenant marriages. Under the law, those involved in traditional marriages are able to divorce whenever they'd like, assuming they meet the no-fault or fault-based divorce requirements. However, couples involved in covenant marriages actually make a lifelong commitment to stay together, which makes separating and/or divorcing at a later time far more difficult. Covenant marriages are not subject to the no-fault divorce process. Instead, one must prove the existence of abuse, abandonment, adultery, chemical dependency or you must have lived separate and apart for at least two years (or, in cases of a legal separation, one year or at least 18 months if there are kids) in order to divorce your spouse.

Why Would You Choose to Separate Instead of Divorce?

Of course, in any relationship, the individuals involved can choose to stay or leave at any given moment. Likewise, there's not an especially correct or incorrect reason for deciding to separate from a partner instead of divorce. For example, those involved in covenant marriages might find it much easier to pursue a separation as opposed to a divorce (since that relationship will be harder to end).

Some couples decide that separation is best due to religious beliefs regarding divorce or they have a moral objection to divorce. Others will take into account the tax benefits that will ultimately be lost if a divorce takes place. And still, there are some couples who simply aren't quite sure that they need to end their relationship permanently, so they opt for a trial separation instead. Trial separations give couples a way to assess whether or not a permanent separation or divorce is the right decision for their family.

In the alternative, a divorce starts once a spouse files a petition with the local court. Some couples are able to work together on their own to craft an agreement that lays out the terms with regard to child custody, support and visitation, as well as property division issues and spousal support, where applicable. Once the agreement is completed and submitted to the judge, he or she will review for approval. Once approved, that's it -- each party is free to move on with their lives as newly single individuals.

The main difference between a legal separation and a divorce is basically the end of the process. At the end of the legal separation period, you will still be legally married to your mate even though you've been living apart and separate for a while. Why would this matter? You will not be free to move on with someone else or remarry without first seeking a conversion by the court from a separation to a divorce. With a divorce, you're done once approved by the judge.

As part of the legal separation and divorce processes, you will likely draft a separation agreement as noted above, which will contain legally-binding terms and conditions for the separation or divorce that will need to be accepted by the parties prior to a judge finalizing your case.

While the law does not require the use of an attorney when pursuing a legal separation or divorce, you may find it helpful to seek legal guidance to ensure you are taking advantage of the most effective option for your specific situation.

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Traditional Marriages vs. Covenant Marriages: What the Differences Mean to You if You Decide to Divorce. JC Lawrence and Associates LLC, New Orleans - Directory of companies Cataloxy.com

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Considering a divorce or a legal separation in Louisiana? Read on to learn more about your legal rights and options and what the state rules are regarding your ability to leave your spouse. The state of Louisiana recognizes two types of marriages: traditional and covenant marriages.