When any partnership comes to an end, emotions and blame can make the situation unbearable. But unlike the dissolution of a business partnership, divorced partners can share family, friends, and emotional property once the case is finished. Because of this, the dissolution of marriage presents a very stressful and difficult time that can be emotionally, physically, and financially draining.
That’s where Attorney Lorraine McCormick comes in.
The requirements for filing for divorce and the way you go about filing the motion differ from state to state. Meeting with a divorce attorney prior to moving forward with it is necessary to set your family up for the best future. Attorney Lorraine McCormick’s goal is to navigate her clients through those treacherous waters while keeping in the family’s future in mind.
1. What do I need to do to start filing for divorce in Louisiana?
The basic requirements for divorce in Louisiana are:
- To have been a resident of Louisiana for at least a year
- Live in Louisiana currently
- Have been separated for at least 180 days
2. How long do I have to have been separated from my spouse?
If you have no children under 18, you need to have been living in separate homes for 180 days. If you do have children, you must be separated for a full year.
3. What if my spouse committed adultery or a felony and I want a divorce?
In Louisiana, you can immediately file for divorce if your spouse has committed adultery or has been sentenced to death or hard labor following a felony conviction. The state doesn’t require legal separation in this case.
4. What is grounds for divorce in Louisiana?
You can divorce in Louisiana for a few reasons. Separation, as outlined above, is one reason. In a regular marriage, you can get a no-fault divorce, where each party agrees divorce is best and you can file for divorce together. You can also file for fault divorces, wherein one spouse has either committed a felony or adultery. Covenant marriages are more difficult to leave.
5. Why is it more difficult to divorce from a covenant marriage?
A covenant marriage is more common for religious couples, and requires the couple to receive premarital counseling from a religious head or a certified marriage counselor. To obtain a divorce, the parties must first receive counseling, and a divorce will only be legal if one or more of the following requirements from the Louisiana Department of Health Website is met:
- “Adultery by the other spouse;
- Commission of a felony by the other spouse and sentence of imprisonment at hard labor or death;
- Abandonment by the other spouse for one year;
- Physical or sexual abuse of the spouse or of a child of either spouse;
- The spouses have lived separate and apart for two years; or the spouses are judicially or legally separated and have lived separate and apart since the legal separation for (a) one year and six months if there is a minor child or children of the marriage; (b) one year if the separation was granted for abuse of a child of either spouse; or (c) one year in all other cases.”
5. How do I start filing for divorce?
Since there are different kinds of, grounds for, and divisions of property in divorce, there is different paperwork required.
Your first step should be to contact a qualified lawyer, who can assist you in the difficult and emotional process of divorce. Lorraine McCormick is an expert in her field, and as a Board Certified Specialist her mission is to protect her client’s rights by assisting them in making informed decisions to positively affect their future. She takes the time to thoroughly explain the relevant law necessary for clients to make informed decisions. Get in touch with Lorraine to assist you in your time of need.