In Need of A Divorce Attorney in Baton Rouge, Louisiana?
At the Russell Law Firm, LLC, our Baton Rouge divorce attorneys know that usually when couples decide to dissolve their marriages, it’s after multiple failed attempts at making the marriage last.
Unfortunately, even when new beginnings are on the horizon, the process is more than challenging, it can be emotionally, psychologically, and physically exhausting.
Depending on whether your decision was caused by a single action — like infidelity — or has been building for years, the way your divorce unfolds will be vastly different. This is because there are both no-fault and fault-based grounds for divorce in Louisiana.
Here, our East Baton Rouge Parish family law attorneys explain the difference between the two, and what they entitle each spouse to during their divorce proceedings.
What is the Difference Between a Fault and No-Fault Divorce in Louisiana?
In Louisiana, a judge can grant both fault and no-fault divorces.
A no-fault divorce may be granted when the spouses have lived separate and apart continuously for at least:
- 180 days if they do not share children under 18 years old.
- 365 days if they share children under 18 years old.
A fault-based divorce may be granted when one spouse has:
- Committed adultery.
- Committed a felony and has been sentenced to death or imprisonment with hard labor.
- Physically or sexually abused the other spouse, child, or the stepchild during the marriage.
- A civil or criminal protective order or injunction was issued against one spouse during the marriage to protect the other, the children, or the stepchildren from abuse.
Before determining how your divorce unfolds, it is important to partner with a trusted family law attorney who will ensure your rights are protected from the beginning, and that your best interests remain at the forefront of your case until the proceedings are finalized.
Contact our skilled divorce attorneys in Baton Rouge today to learn how we can help pursue the best outcome for you and your family.
Next Steps: Determining Child Custody, Community Property Partitions, and Financial Support
Once you have made the decision to get divorced, the process formally begins with filing a petition with the court clerk. Our dedicated divorce attorneys in Baton Rouge will handle each pertinent and legal step to ensure no detail is left to chance — including serving your spouse with notice of your filing — unless you have both waived the service.
We also handle all claims ancillary to your divorce, such as:
Once our Baton Rouge divorce attorneys have filed all claims and obtained all evidence related to the divorce sought, both spouses will have the opportunity to settle their disagreements through negotiations between themselves and their lawyers, during mediation, or through litigation at trial.
Should your case go to trial, our leading Baton Rouge divorce lawyers have the experience, skills, and resources to ensure your best interests are protected from the start of your case. We are trial-tested and committed to delivering the best outcome for each of our client’s unique needs, so they can move forward with their new lives with confidence.
At the conclusion of your chosen path, our Louisiana family lawyers will ensure the agreement is finalized without delay, so you can begin your journey to happiness.
The Russell Law Firm, LLC is in Your Corner, and We Fight to Win
If you are considering a divorce in Louisiana, and are unsure how to proceed, contact our dedicated Baton Rouge family law attorneys today at (225) 307-0088 or online to get the legal support you need to produce real results for your unique case. You do not have to face the unknown alone. We can help guide you through this difficult time with precision and ease, so your life becomes your own again.
Frequently Asked Questions for divorce in Baton Rouge
To determine if you qualify for an annulment in Baton Rouge, Louisiana, you would need to review the specific laws and regulations of the state. Some ground for annulment include lack of capacity, bigamy, underage marriage, fraud or misrepresentation, and impotence.
Being the first spouse to file for divorce may have certain advantages. By initiating the divorce proceedings, you have the opportunity to set the tone and direction of the case. It allows you to take control of the process and potentially influence important decisions related to child custody, property division, and support. Additionally, being the first to file can sometimes lead to procedural advantages or the ability to choose the jurisdiction in which the divorce will take place.
In Louisiana, dating before the divorce is finalized may have an impact on certain aspects of your divorce proceedings, such as your rights to spousal support. The specific implications can vary depending on the circumstances and the discretion of the court.
If your ex has served you with divorce papers, it is generally advisable to consult with a Baton Rouge divorce lawyer as soon as possible. An experienced attorney can provide guidance on the divorce process, explain your rights and obligations, and help protect your interests throughout the proceedings. Even if you ultimately choose to represent yourself, consulting with a lawyer can ensure that you understand the legal implications and make informed decisions.
Louisiana offers both no-fault and fault-based divorce options. Adultery is one of the grounds for a fault-based divorce. If you can prove by clear and convincing evidence that your spouse committed adultery, you may be granted an immediate divorce instead of having to meet the usual waiting period required for a no-fault divorce (which is 180 days or 365 days, depending on whether you have minor children).
No, a prenuptial agreement has no legal effect on how soon you can obtain a judgment of divorce in Louisiana. Only Louisiana law governs how soon one may obtain a divorce.
The waiting period is generally 180 days or 365 days (with children), from the date of filing the petition for divorce, although there are exceptions for certain circumstances such as cases involving domestic violence or child abuse. It is essential to consult with a divorce lawyer to understand the specific waiting period requirements and any applicable exceptions based on your situation.
You can help your Baton Rouge attorney in your divorce case by providing them with all relevant information and documentation. This includes details about your marriage, assets, debts, income, and any children involved. Be open and honest with your attorney about your goals, concerns, and any specific issues you want to address in the divorce. Respond promptly to any requests for information or documents from your attorney, as this will help them build a strong case on your behalf.
Louisiana allows for both fault-based and no-fault divorces. For a no-fault divorce, you and your spouse must live separate and apart continuously for 180 days (without minor children) and 365 days (with minor children). This separation period can begin while you are still living under the same roof, as long as you can demonstrate your intentions throughout that period to live separate lives.
In Louisiana, divorce records are generally considered public records. This means that divorce filings and related documents can be accessed by the public unless they are sealed or otherwise restricted by the court. However, it’s important to note that while the divorce itself may be a matter of public record, certain sensitive information such as financial details or child custody arrangements may be subject to protection or confidentiality measures