Baton Rouge, LA – Every state has some mandatory requirements to file for divorce, and Louisiana is no exception. Getting legal advice to start the process is crucial at the early states of the separation. There are certain preparations that should be made under the guidance of a family law attorney to ensure that the marriage ends quickly, and extra time and money is not wasted.
Residency required in the state and parish
At least one spouse must have lived in the state for 12 months or more prior to the divorce petition being filed. Any parish in the state where one or both spouses reside is the appropriate venue where the divorce paperwork needs to be submitted. The formal dissolution of marriage is normally granted by a judge 6 months after this initial petition was brought.
Anyone who does not meet these requirements should either try to file in the state where they previously lived in order to meet its local residency requirements, or simply wait for the first year to pass while living in Louisiana if this is possible.
Taking an inventory of financial matters and property and disclosing it
Anyone who is about to get divorced can disclose their financial situation with their lawyer in confidence. This will need to be done for the divorce process, as both spouses are required to tell the court about their sources of income and other assets before they can be formally separated. Once the court knows exactly what the couple owns in terms of property and assets, these things will be classified as marital or nonmarital and divided according to the judge’s discretion. The spouses can bypass most of this process by agreeing to a property distribution, but the judge will step in and divide the property in a manner that they consider to be fair if the spouses do not find a way to resolve the issue on their own.
Louisiana allows some couples to marry under a covenant or an agreement that lays out the terms of the marriage. This is only offered in three states in the U.S. and it is called a covenant marriage. Because the covenant lays out specific conditions related to the union and the possibility of a divorce, it is generally harder for a couple to end the covenant marriage. The lawyer should be provided with the documents related to the covenant marriage as early as possible if this situation applies.
Getting more information from a local attorney
Anyone who is going through a divorce or having issues with payments related to child support or alimony should get help from a family lawyer. Miller, Hampton, and Hilgendorf is a firm that assists local clients in Louisiana with these issues and other family law problems.
Firm contact info:
3960 Government St., Baton Rouge, LA 70806