Understanding the Louisiana Divorce Timeline: What to Expect

In 2024, the American Psychological Association (APA) reports that the chances of a first marriage ending in divorce are 41%. Psychology Today adds that the average duration of a first marriage that results in divorce is 8 years.

Divorce lawyer Jonathan C. Trotto says that a divorce case can either be a no-fault divorce or an at-fault divorce. In a fault divorce, a spouse claims that the other party has broken the marriage in the form of adultery, abandonment, or physical or emotional cruelty. A no-fault divorce could be either contested or uncontested. The filing party states that the marriage has irreconcilably broken down, which is the most common ground for divorce and does not require any evidence or proof of fault.

This article will show the timeline of the divorce process and what to expect at each stage, helping you prepare for potential challenges and outcomes.

Initial Steps: Filing for Divorce in Louisiana

When filing for divorce in Louisiana, you must choose a legal ground for the dissolution of the marriage. Louisiana recognizes both at-fault and no-fault grounds. Decide which you fit into. Usually, you will use irreconcilable differences to state no-fault. If it is a fault, you may have to prove the occurrence of adultery, abuse, or abandonment.

A Louisiana divorce timeline can range from a few weeks to several years, depending on the circumstances of your case. Before filing for a divorce, couples who do not have children are required to live apart for at least 180 days. The minimum separation period is extended to one year if you have children. This waiting period gives the couple some time to think things over and decide whether to continue the divorce or not.

After establishing your grounds, you should draft and file a petition for divorce in your local court. Your petition should outline the reasons for divorce and include requests for child custody, support, and property division.

After filling out the forms, a case number will be given to you, which signifies the actual start of the divorce proceedings.

Discovery Phase: Gathering Information and Evidence

Collecting evidence and documenting every necessary piece of information about your case is the most important part of the divorce process. The discovery phase of the divorce process gives you and your partner the chance to exchange documents related to finances and assets.

You can also ask your spouse written formal questions during the discovery phase. These questions, known as interrogatories, must be answered truthfully or risk perjury.

You would be able to ask questions in person during a deposition, which is typically a formal, written statement used as evidence.

Be thorough and keep your evidence organized and secure. The more evidence you have, the better prepared you will be for the next steps in your divorce.

Negotiation and Settlement: Reaching an Agreement

Negotiating an agreement can be an alternative resolution to marital disputes since divorce is a complicated and expensive process.

Stay open-minded throughout the negotiations. Consult a divorce and family law attorney to mediate your negotiations.

Be ready to compromise. Reaching a mutual agreement can resolve disputes more quickly and reduce the emotional and financial toll of divorce.

Present your case in an organized manner, highlighting key issues such as division of assets, child custody, and support obligation

Keep in mind that successful negotiations require patience and respect.

Finalizing the Divorce: Court Hearing and Decree

The court must finalize the decree after settlement negotiations. This phase is usually followed by scheduling a court hearing in which the arrangement is presented before the judge.

Prepare and bring with you all necessary documents, like financial disclosures and the divorce settlement decree.

The judge will sign a decree signaling the end of your marriage if your agreement complies with Louisiana law. You will receive a certified copy of the decree, which you can freely use for any future legal needs.