Whether someone is dealing with a contested divorce or uncontested divorce, the dissolution of marriage presents a very stressful and difficult time. Divorce laws differ from state to state. At the Law Office of W. Kyle Green, our Ruston family lawyers will assess all aspects of your case and work with you to determine the best course of action according to Louisiana law.
Once you have made the difficult decision to end your marriage, you want it to be over as soon as possible, but in Louisiana, a quick divorce may not be possible. Most divorces in Louisiana are no-fault. To file for no-fault divorce in Louisiana, you must live separate and apart from your spouse for 180 days. If you have minor children together, this period increases to 365 days, reduced to 180 days only in cases of abuse or protective order. You have the option of fulfilling the separation requirement either before you file for divorce or after. If you separate prior to filing, the court will approve the divorce once you submit proof of being separated for 180 or 365 days. On the other hand, if you wait to separate until after you file for divorce, the court will not grant the divorce until 180 or 365 days have passed.
To help ensure your divorce moves along as quickly as possible, we can help you negotiate a marital settlement agreement with your spouse. In this agreement, you and your spouse will outline how your marital property will be split; whether alimony will be paid, including the amount and duration; and if you have children, the custody arrangement and child support obligation. If the terms are satisfactory to the court, it will approve the agreement and incorporate it into the divorce decree. However, if you and your spouse are unable to reach an agreement on any issue, the divorce will be delayed as the court will have to resolve these matters for you. Once you’ve satisfied the separation requirement and filed for a no-fault divorce, it may take the court a few more weeks to issue the divorce decree. Typically, you’ll obtain your divorce 20 to 40 days after serving the divorce petition on your spouse or receiving your spouse’s written waiver of service. Once you receive the divorce judgment, you or your spouse have 30 days to appeal the court’s decision. You may not remarry during this time as your divorce is not considered final until this time period has elapsed.
An exception to this required time restraint would be a fault divorce. Louisiana provides only two fault grounds: adultery and conviction of a felony (with a sentence of death or imprisonment with hard labor). If you can prove either of these situations successfully, the court will grant your divorce immediately, without any requirement of separation.
In an ideal world, there would be no divorce. The next best thing would be an amicable divorce where the couple easily agrees to the terms of the settlement. However, couples who are divorcing are hurt and angry and often unwilling to compromise. We are here to help you through this difficult process. We can use family mediation to resolve your case if both parties agree to that method. But if no agreement can be found, our firm is not afraid to go to court to ensure that your rights are protected and your voice is heard throughout the divorce process.
If you live in Ruston or the surrounding communities and are actively seeking to enter into divorce proceedings or just want to understand your rights, call our competent attorneys in our Ruston office. We will be here for you throughout the entire process ensuring that the final results are in the best interests of you and your family.
W. Kyle Green
Address: 308 N Vienna St., Ruston, LA
The Law Office of W. Kyle Green has served as lead counsel for multi-million dollar litigation for both Plaintiffs and Defendants. We also handle a wide range of general civil matters for clients across the state.
308 N. Vienna St.
Ruston, LA 71270
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