What is an uncontested divorce in Louisiana?
Not every divorce involves fighting over assets or child support terms. In many cases, both spouses have agreed to part ways and are ready to move on with their lives. They are willing to work together to finalize the terms of the divorce without the intervention of the courts.
Work with The Johnson Firm’s divorce attorneys in Lake Charles to proceed with an uncontested divorce. We can help you move through the process quickly and affordably.
Requirements for Filing for Divorce in Louisiana
Before you consider whether or not you will have a contested divorce, you will need to meet Louisiana requirements to petition for divorce. Under Louisiana law, spouses must live apart for at least 6 months if they do not have minor children under the age of 18, or at least 12 months if they do have minor children. In addition, spouses must:
- Be domiciled in the State of Louisiana
- Serve their ex-spouse with the petition for divorce and obtain a proof of receipt to submit to the court.
If a petitioning spouse is filing a fault-based divorce, then the separation requirements are waived. If you want an uncontested divorce to go as smoothly as possible, note that your spouse is much more likely to argue against a fault-based divorce than a no-fault one. When the basis of the divorce is accusatory, it can lead to less cooperation from the other side.
What is an uncontested divorce in Louisiana?
An uncontested divorce occurs when divorcing spouses mutually agree to the terms and major issues of the divorce. Many uncontested divorces occur between couples who have split amicably and have previously discussed their desired arrangements for the divorce. This avoids costly and time-consuming trials and mediations where one or both spouses may be unsatisfied with the outcome.
To have an uncontested divorce in Louisiana, you will need to discuss the following major issues with your spouse to determine the terms of your divorce:
- Child Custody
- Child support
- Spousal Support
- Division of assets
Differences Between a Contested Divorce and an Uncontested Divorce in Louisiana
A contested divorce occurs when divorcing spouses do not agree on the terms of their divorce. Even spouses who amicably split can endure a contested divorce. The end of a marriage is an emotional time, which can lead spouses to fight over inconsequential things, such as the division of minor assets.
Contested divorces can be resolved out of court through mediation. This is when a third party works with the spouses to come to a mutually beneficial compromise. If a compromise cannot be reached, the case will go to trial, where a judge will rule on the issues that are unresolved.
Contested divorces are more time-consuming and expensive than uncontested divorces due to the length of these proceedings.
Although an uncontested divorce can be easier on the spouses and their children, sometimes it’s necessary to file for contested divorce. If one spouse is pressuring the other or conning them out of their rights, a court may need to intervene to ensure that both spouses’ rights are protected.
Before you agree to an uncontested divorce, you should speak to a divorce attorney in Lake Charles. They will ensure that your rights are protected so you don’t accept less than you deserve.
How long does an uncontested divorce take in Louisiana?
The length of time for a judgment of divorce varies depending on your situation. Even uncontested divorces vary depending on your circumstances.
Factors that affect the time an uncontested divorce takes:
- Whether it is a fault or no-fault divorce in Louisiana
- If minor children are involved
- If the spouses were already legally separated for the required amount of time before filing.
In cases where the spouses have lived apart for the required separation period, a divorce can proceed quickly in Louisiana. It will require paperwork to be filed with the court, which your divorce attorney can handle. The process can take anywhere from a few weeks to a few months, depending on signing and filing times.
If spouses have not already lived separately, they can still attain an uncontested divorce. However, the legal separation time will begin when you serve your spouse with the divorce papers. This means that your divorce will be delayed by six months to one year. During this time, you can proceed with custody arrangements, child support, spousal support, and other significant terms of the divorce.
How much does an uncontested divorce cost?
The cost of an uncontested divorce in Louisiana is impacted by the following factors:
- Whether the spouses have been separated for the required period
- If the court needs to sign off on matters such as child support, spousal support, child custody, or community property partition
- If both spouses have attorneys
- How easy it is to serve the spouse with the petition of the divorce
- The amount of property that must be divided and overseen
Although uncontested divorces are significantly less expensive than contested divorces, they do incur a fee. The specific amount in your case will vary depending on the circumstances all of which an attorney will discuss with you during your consultation.
Contact a Divorce Attorney in Lake Charles
Communication is one of the main reasons that marriages break down, which can prove challenging in divorce negotiations. Communication challenges coupled with the emotional strain of filing for divorce can quickly turn an amicable divorce into a contested one.
Hire a Lake Charles family law attorney to help you process your uncontested divorce. The Johnson Firm’s lawyers are skilled mediators who can diffuse emotional tension before it erupts. Our team has years of experience helping couples peacefully move on with their new lives.
Contact The Johnson Firm today to discuss the terms of your divorce with one of our experienced Louisiana attorneys.