An uncontested divorce, though sometimes far from amicable, is a process
in which both spouses are in agreement with divorce terms. Things to consider
in an uncontested divorce are filing requirements, divorce paperwork,
asset and debt division, and child custody. It is advised that you contact
a Baton Rouge divorce attorney even when filing for an
uncontested divorce in Louisiana.
The requirements for filing an uncontested, no-fault divorce in Louisiana
are relatively simple in comparison to fault or
contested divorce. First, the couple must agree to the divorce, they must also agree on
debt and asset division. In addition, if the couple has minor children,
visitation rights and custody must be outlined and agreed upon by both parties.
First, the couple must start living separate and apart. The couple must
ultimately live separately and apart for at least 180 days if there are
no minor children. If minor children are involved, the couple must ultimately
live separately and apart for at least 356 days. After separating, one
spouse must file a
Petition to Divorce. The Defendant, or opposite spouse is then served the Petition or executes
a waiver of service of process. The date of service starts the 180 day
or 365 day clock, the defendant is not required to file an formal
Answer to the Petition. After waiting the time period that started on the date of serve, the next
part of the process is the filing of the
Rule to Show Cause.
Rule to Show states that the couple has continued to live separate and apart as outlined
in the Louisiana divorce requirements. At this point, if both parties
still wish to be divorced, evidence is submitted in the form of affidavits
attesting to the various facts that must be proven to achieve a divorce
in Louisiana. After this has been reviewed, the presiding judge has the
opportunity to sign the
Judgement of Divorce.
Facilitation of the divorce can take time and if issues arise concerning
assets, debts, or custody the spouses can enter mediation to reach a mutually
satisfactory agreement. This process is meant to help divorcing spouses
to part as amicably as possible and provide parents with the tools they
need to help their children cope with the situation.
Consent Judgement is an extremely important element of an uncontested divorce. This agreement
should be drawn up by a reputable divorce lawyer to be submitted to the
court for review after the initial Petition is submitted. The agreement
outlines what marital assets and debts shall be allotted to each spouse
as well as details of any custody agreements.
If you are considering a divorce or legal separation, please
contact the attorneys with
The Layfield Law Firm. The firm can guide you through the process and file all necessary paperwork
for your uncontested or contested divorce.