Don’t Face Divorce Alone
Nobody benefits from staying in a toxic marriage riddled with irreconcilable differences. Sometimes it is in the best interest of all parties involved to simply move on in an amicable and mature manner. It’s not easy and it’s not painless, but with solid legal guidance, it’s not the end of the world. Southern Oaks Law Firm can help you move forward.
We know that going through a divorce is a stressful and emotional process. It’s a challenging time for you, your spouse, your children and your extended family. However, getting divorced can also be a new chapter in your life — a chance for new beginnings. Regardless of the circumstances of your divorce, many decisions need to be made that will impact everyone’s lives moving forward. They include:
- Property division
- Spousal support
- Child custody
- Child support
- Injunctive Relief – Injunctions, Temporary use of community movables, Temporary use and occupancy of family home
At Southern Oaks Law Firm, Lafayette family law attorney Taylor Fontenot and his staff have the knowledge and experience needed to provide you guidance along the way. Continue reading to see how we can help with your divorce and other matters that may arise in your case.
Louisiana Divorce Basics
In Louisiana, there are several different grounds for obtaining a divorce. Most divorce proceedings are “no-fault” divorces based on simply living separate and apart for a prescribed period of time. Other “fault-based” grounds may allow you to get divorced without the requirement of living separate and apart.
Louisiana No-Fault Divorce
A “no-fault” divorce may be obtained after you and your spouse live separate and apart, without reconciling, for a certain period of time depending on whether or not you have minor children of the marriage. If there are minor children, you must live separate and apart for at least 365 days before you can get divorced. If there are no minor children, you only have to live separate and apart for 180 days.
Louisiana Fault-Based Divorce
Other grounds for divorce are not based on living separate and apart for a set amount of time, but instead on proof of certain grounds set forth in the Louisiana Civil Code. Those include:
- The other spouse has committed adultery.
- The other spouse has committed a felony and has been sentenced to death or imprisonment at hard labor.
- During the marriage, the other spouse physically or sexually abused the spouse seeking a divorce, or a child of one of the spouses.
- A protective order or an injunction was issued during the marriage against the other spouse to protect the spouse seeking the divorce, or a child of one of the spouses, from abuse.
Which Divorce Is Right For You
Deciding which type of divorce to file depends on a number of different factors that need to be considered. Those factors include things such as the length of time you have already been separated, the specific fault-based grounds for divorce and the proof required, and the potential for one of the parties to owe spousal support to the other. Before filing for a Louisiana divorce, it is always wise to consult with an experienced, local divorce attorney to discuss your options.