What are the types of divorces and the waiting periods in Louisiana?

June 5, 2015

 

 

Often times there is confusion as to the waiting periods and the types of divorces in Louisiana. Louisiana has two types of divorces, Article 102 an Article 103 divorces. Article 102 is most often used when there are incidental matters that need to be addressed, normally to do with child custody and care, and community property. The waiting period of 180 days without minor children or one year with minor children, does not begin to run until the other party has been served. You don't get to count any time that you have already lived separate and apart. Sometimes, though since Louisiana doesn't actually have "legal separation", people actually want their spouse to be served with papers immediately and under this article you can do so. Overall though, it is a much more expensive and time consuming way to file, and in my opinion, if it can be avoided, it should be. 

 

If there are no property or custody issues, or if they can be worked out between the parties, an Article 103 divorce is the easiest least expensive way to go. Under this article, if you don't have minor children and have been living separate and apart without reconciliation for 180 days or if you do have minor children and have lived separate and apart without reconciliation for a year, you can file the petition and technically could be divorced in ONE DAY the way I file. Now, realistically do to people's schedules, etc. a week is actually more accurate. Also, it is much less expensive and in most cases you can save your spouse the embarrassment of being served (by use of a Waiver of Service and All Delays) and avoid having either party go to court. 

Divorce is a very difficult time mentally, emotionally, physically, and of course financially. The delays are incorporated in the hope that parties will work out their differences. I always encourage the parties to do so and will never encourage a divorce unless there is violence and I feel like either spouse in danger. That is another reason I encourage an article 103 divorce. It gives a cooling off period without having ever filed any paper work. If it is unavoidable though, we at the Todd Martin Law Firm, will do our best to make it as painless emotionally and financially as possible. Give us a call at (318) 387-2201 for a FREE consultation concerning "The $500 Divorce". We also have payment plans available.

The above is for information only and is not legal advice, nor does it in any way form an attorney-client privilege.

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