Getting Divorced in Louisiana: A Guide for Non-Lawyers

Louisiana has specific divorce laws that differ from other states. Louisiana offers both no-fault and fault-based divorces. For a no-fault divorce, you must live separate and apart for 180 days if there are no minor children, or 365 days if there are minor children. Understanding these basics will help you navigate the process more effectively.

At least one spouse must be a resident of Louisiana for at least 6 months before filing for divorce. Confirm that you or your spouse meets this requirement before proceeding.

Collect all financial documents including bank statements, tax returns, pay stubs, retirement account statements, property deeds, vehicle titles, mortgage information, credit card statements, and any other relevant financial information. These will be needed for property division and support calculations.

In Louisiana, this document is officially called a 'Petition for Divorce' and must be filed in the parish where either spouse resides or where they last lived together. The petition must state the grounds for divorce (such as living separate and apart for the required period) and include information about children, property, and any requests for support.

A summons must be prepared to officially notify your spouse of the divorce proceedings. This document informs your spouse that they have a specific time period (usually 15-30 days in Louisiana) to respond to the petition.

File the petition and summons with the clerk of court in the appropriate parish. You will need to pay a filing fee, which varies by parish but is typically between $250-$400. If you cannot afford the fee, you can apply for a fee waiver by filing an in forma pauperis application.

Your spouse must be legally served with the divorce papers. In Louisiana, this can be done through a sheriff's deputy, a private process server, or by certified mail in some cases. Personal service by a friend or family member is not allowed. Keep proof of service as it will be needed later in the process.

Louisiana requires both parties to complete financial disclosure forms. These forms detail all assets, debts, income, and expenses. Be thorough and honest, as providing false information can have serious legal consequences. If you're the respondent, you'll need to prepare a Response to Petition along with your financial disclosures.

If you've been served with divorce papers, you must file a response within the time specified in the summons (typically 15-30 days). Failure to respond could result in a default judgment against you, meaning the court may grant all requests made by your spouse.

Create a detailed parenting plan that addresses custody arrangements, visitation schedules, holiday schedules, and decision-making authority for education, healthcare, and religious upbringing. Louisiana courts prioritize the best interests of the child when approving parenting plans.

Louisiana uses specific guidelines to calculate child support based on both parents' incomes and the number of children. Complete the Louisiana Child Support Worksheet to determine the appropriate amount of support. This calculation is mandatory even if parents agree on a different amount.

Louisiana is a community property state, meaning most assets and debts acquired during marriage are considered equally owned by both spouses. Work toward an equitable division of property, keeping in mind that community property is generally divided equally. Consider mediation if you're having difficulty reaching an agreement.

Create a comprehensive agreement that details the division of all assets and debts, spousal support arrangements, and any other financial matters. This document should be specific and clear to avoid future disputes. In Louisiana, this may also be called a Community Property Partition Agreement.

If retirement accounts need to be divided, a Qualified Domestic Relations Order (QDRO) must be prepared. This specialized court order directs retirement plan administrators to divide the accounts according to the divorce settlement. Consider hiring a specialized attorney for this complex document.

Many Louisiana courts require mediation before proceeding to trial, especially in cases involving children. Prepare for mediation by organizing your financial documents and being clear about your priorities and concerns.

If there are contested issues that cannot be resolved through negotiation or mediation, prepare for court hearings. Organize all relevant documents, prepare testimony, and consider what witnesses might be helpful. Dress professionally and be respectful in court.

Prepare the final judgment that will officially end your marriage. In Louisiana, this document is called a Judgment of Divorce. It should incorporate all agreements regarding property division, support, and child custody. If your case went to trial, the judge will issue this judgment based on their rulings.

If child support or spousal support is ordered, a wage withholding order may be necessary. This document directs an employer to withhold support payments from the paying spouse's wages and send them directly to the receiving spouse or the state disbursement unit.

Attend the final hearing where the judge will review all agreements and documents. If everything is in order, the judge will sign the Judgment of Divorce, legally ending your marriage. In uncontested cases, this may be a brief proceeding.

Get several certified copies of your divorce decree from the clerk of court. You'll need these for various post-divorce tasks such as changing your name, updating financial accounts, and modifying insurance policies.

Update your will, power of attorney, healthcare directives, insurance beneficiaries, and other important legal documents. If you're changing your name, update your Social Security card, driver's license, passport, and other identification documents.

Determine your tax filing status for the year of your divorce. In Louisiana, your marital status on December 31 determines your filing status for that tax year. Consider consulting with a tax professional to understand the implications.

Set up systems to ensure ongoing compliance with court orders regarding child support, spousal support, and parenting time. Keep records of all payments made or received and document any violations of court orders.