LOUISIANA DIVORCE INFORMATION

In addition to a No-Fault ground, there are three accepted grounds for divorce in Louisiana: 

1. The spouses have been living separate and apart for a period of 6 months or longer;

2. Adultery;

3. Spouse has committed a felony and has been sentenced to death or imprisonment with hard labor.

A "No-Fault" divorce may be had if one spouse desires a divorce. There are no requirements to show marital breakdown, fault, living separate and apart, or any other basis for a divorce. After the filing of the petition, the divorce will be granted after a period of 180 days has elapsed from the filing date and if the spouses have lived separate and apart since the filing of the divorce petition.

Venue An action for divorce can be filed in the parish where either party is domiciled, or in the parish where the spouses last lived together. 

Spousal support and child custody issues are not discussed here.  If your circumstances are such that you need spousal support or there are children involved, we highly suggest that you consult with an attorney who is skilled and experienced in matters similar to your circumstances and would be able to advise you on how to proceed.

HOWEVER....

If you and your spouse have agreed to divorce and are both in agreement as to the terms; with neither party desiring a court room fight, we can help you.   You can file your own divorce and act as your own attorney by filing pro se.  Acting in proper person, you would not need an attorney.

THE PROCESS:

1. Both parties agree in advance that they want a divorce and work out the terms of their property, each taking their portion that they want and the other's agree to.  This requires some give and take between the parties, because if there is any disagreement, then you will have to battle that in court, and an attorney will be required to protect your interests.
    

2. After you have decided how to split the property, you may wish to draft a property agreement or if it is only personal property, then you can include that in your petition with a statement along the lines that "both parties are in possession with their respective personal property."  Bear in mind that Mortgage companies will not release you from your loan obligations simply because you get divorced.  You are both still on the line.
    

3. Assuming that you have lived apart for a period that exceeds six months, one party can file for divorce, based upon the terms that you have decided.  As example, the following points are going to be part of your petition.

   Who are the parties involved?  Who is the plaintiff and who is the defendant responding?  Full names and ages will be listed.   When did you get married and where?   When did you separate and a statement that you have not reconciled or lived together for a period of over six months.   A declaration that property has been decided, either by the attached property agreement or simply a line item in your petition.   A declaration that you want a divorce.

   To avoid having the defendant served, and to save money,  you will request that they HOLD SERVICE and state that the defendant will sign an affidavit of consent.
    

4. A Louisiana Civil Law Notary can ASSIST YOU in drafting your documents.  Together, we will prepare the following documents.

   PETITION This is your request for the divorce as described above.   CONSENT FORM This is an affidavit that the Defendant will sign to show the Court that he/she consents to the divorce and waives the right to a trial.   JUDGMENT This is the document that the Judge will sign to grant the divorce.

5. After you have drafted the petition, you will execute it by signing in front of the Notary. You will need three originals to be filed and stamped.  One for the Court, one for the Defendant and one for yourself.
    

6. Next, you will take your Petition, Judgment and Consent form to the Clerk of Court in the Parish that you wish to file in, based upon the venue and file your documents.  The Clerk of Court will "STAMP AND CERTIFY" the filing as to the date ad time, and provide you with a case number.  There is a filing fee.  As an example, in Caddo Parish that fee is $250.00 but it varies from Parish to Parish.  You pay this to the Clerk of Court at the time you file.
    

7. Because you have indicated that you want service held, you will take back two copies of the Certified filing and the Consent form.
    

8. Your next step is to meet with your spouse in front of the Notary Public and have the spouse execute the Consent form Affidavit.  You will provide him/her with a certified copy of the filing (petition) which he will affirm in the consent form that he/she has seen it and agrees to the statements made in the filing.  He/She also waives his right to be heard on this filing and consents to the divorce.  The execution of the consent form is witnessed by the Notary and then notarized.
    

9. You then take the Notarized Consent Form back to the Clerk of Court and file that with your case file.  This filing is included in your original fee.
    

10. The Clerk of Court will now set the matter for a hearing and may give you a date then and there, or you may receive the date in the mail.
     

11. On the day of your hearing, you will go to Court and testify in open court that you filed this document, that the claims made are true and answer any questions that the Judge might ask.  Assuming that the Judge agrees with the divorce, he will grant it then and there, signing your Judgment form that we prepared together earlier.
     

12. YOU ARE THEN DIVORCED!
    A copy of the Divorce Judgment will be mailed to the Defendant.

The Process that has been described above is the simplest form of a Divorce filing in which both parties agree.  You represent yourself in the proceeding and handle the filing yourself.

The Notary Public's role is to assist you in drafting the petition and to then Notarize the signed documents.  A Notary, while having extensive Civil Law powers in the State of Louisiana, can not act as your attorney and may not provide you with legal advice. 

As a Notary Public, we can and are able to assist you in the preparation of your forms and will do that on a local level in Caddo, Bossier or Desoto Parishes.

INFORMATION THAT WE WILL NEED IN ORDER TO ASSIST YOU:

• Your Full Name

• Your Date of Birth

• Your Current Address

• How long you have lived at this address

• Full Name of your Spouse

• Spouse Date of Birth

• Current Address of your Spouse

• How long they have lived at this address

• Date of Marriage

• City, Parish/County and State where you got Married

• What City & State did you first establish residence together after getting Married?

• When did you establish a residence in the Parish that you are filing a divorce in?

• Date you separated  (This must be 180 days prior to the signing of the petition)

• Are there any minor children involved in this marriage presently.  If you had children that are grown, we would simply make a statement that your children are presently adults.

• Do you wish to return to using your maiden name after this divorce?

A DO IT YOURSELF DIVORCE IS BEST SUITED FOR SIMPLE DIVORCES WHERE ALL PARTIES ARE IN AGREEMENT. 

If your circumstances are complicated, in that you have minor children, extensive property or require spousal support, we strongly recommend that you consult with an attorney.