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.
The 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.
The 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.
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