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Uncontested Divorce Louisiana


How to Get an Uncontested Divorce Louisiana

It is no simple matter to get a divorce, even if it’s an uncontested divorce Louisiana. It means saying goodbye, publicly and irrevocably, to a chapter in your life, even admitting defeat regarding what you thought was an opportunity for your happiness. That said, an uncontested divorce Louisiana may be able to significantly cutdown some of the headache involved. An uncontested divorce Louisiana is one in which both parties are in agreement concerning not only that a divorce is the best possible way of improving both spouses’ wellbeing but that both are in agreement concerning the terms of divorce as well. If you disagree about how much joint property you should maintain, or what child support should be, then you can’t get an uncontested divorce Louisiana and should realize that, unless some compromise is made, you’re headed for a trial. 

Qualifications for an Uncontested Divorce Louisiana

If you would like to file for an uncontested divorce Louisiana, then one party must have maintained residence in the state for at least 12 months prior to filing. You must file in the Parish Civil Court of the district in which you or your spouse resides. It does not matter which parish. Louisiana is also a No-Fault divorce state, so it is not as if only certain marital setbacks qualify your relationship as divorce ready. Simple marital breakdown can be cited as enough cause for an uncontested divorce Louisiana.

The Petition for Divorce, CCP Art. 961

This is the first form that you will file to really get the ball rolling on your uncontested divorce Louisiana. You’ll need to put down personal identifying information about yourself and your spouse, state when the marriage began, and why it is currently breaking down. At this time, you will have to also pay a filing fee to your Parish Court Clerk. This filing fee varies depending on county, but in most of Louisiana it is significantly more than three hundred dollars.

The Long Wait and the Next Step

After the initial filing of the Petition for Divorce, you will need to wait at least 180 days before further action can be taken. That is because this is the court-mandated time that a couple must live separately before they can be considered for uncontested divorce Louisiana. If yours is a marriage with children, then even more time needs to be taken, an entire year before the uncontested divorce Louisiana can inch toward being put into law.

Once the appropriate amount of time has passed, you must file the Rule to Show Cause CCP ART. 3952 which asks the court to issue you a final judgment regarding your uncontested divorce Louisiana. If you’re a couple with children, you will also need to file an Affidavit of Mover CCP Art. 3956. Bring these forms and a copy of your Separation Agreement to the court house when your final hearing is scheduled and, barring unforeseen complications, the judge will approve your uncontested divorce Louisiana.

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