Some Louisiana couples get married, but later decide that the union is not working out. There could be a variety of reasons for this and the situation could range from amicable to contentious. When the decision is made to move on from an unhappy, unsuccessful marriage, it is not a simple matter of just living separately. The law must be followed with a certain time-period in which the couple has lived separately and the grounds for divorce have been met. To ensure the process adheres to the law and the participants are protected, having legal advice is imperative.
When a couple files for divorce, it will be granted when either of the spouses files a petition and shows that the required amount of time has passed from when the petition was served, and the parties have lived apart for the necessary time-period. For couples that do not have minor children, that is 180 days. For couples with minor children, that is 365 days.
Regarding other grounds for divorce, one of the following must be shown: the parties have lived apart for the required amount of time; the other spouse committed adultery; the other spouse was convicted of a felony and was sentenced to jail with hard labor or to death; while the couple was married, the other spouse was physically or sexually abusive to the spouse who is requesting the divorce or to a child of one of the parties whether there was prosecution for it or not; or a protective order was issued against the other spouse to shield the spouse seeking the divorce or a child of one of the spouses from being abused.
Divorce is never an easy issue to deal with, but when it is the only option, it is important to understand the law to ensure there is a smooth process. Knowing the various requirements for a divorce is part of that. Having legal assistance from the beginning is imperative.