What Is an Uncontested Divorce in Louisiana?
An “uncontested divorce” means both spouses agree on all the key terms of the divorce, including:
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- * child custody and visitation, including where your children will live
- * child support, health and dental insurance, and medical expenses for the children
- * tax deductions and exemptions
- * division of the marital assets and debts
- * alimony, and
- * any other dispute involving your marriage.
How to Get a Quick Uncontested Divorce in Louisiana?
Couples who can compromise will be able to get divorced faster and have a cheaper divorce process than couples who battle their way through trial. Sparks Law Group can work with your spouse’s attorney to reach a final divorce settlement. Once finalized, your written settlement agreement will be presented to a judge for approval.
As long as your agreement isn’t unfairly one-sided and meets the best interests of any minor children, a judge will likely approve the agreement. Yet even couples who agree to an uncontested divorce must still follow Louisiana’s procedural waiting periods before their divorce can be finalized.
Special Requirements for Obtaining a Divorce in Louisiana
To file for divorce in Louisiana, you must meet the residency requirement by living in the state for at least one year before the divorce begins. Louisiana residents who are living out of state can still file for divorce in Louisiana if they’ve maintained their residency.
The above rules apply to traditional marriages and divorces. Louisiana is one of three states (as of 2020) that recognizes covenant marriages. If you and your spouse entered into a “covenant marriage” in Louisiana, you’re required to seek marital counseling before you can file for divorce.
Couples can seek an uncontested divorce based on the fact the couple has been living separate and apart. Spouses must have been separated for six months (if there are no children) or one year (if they have children) before a judge will grant a divorce. There is one exception: if you have a covenant marriage, you can’t get an uncontested divorce in Louisiana. See LSA-C.C. Art 103.1 (2020).
Alternatively, couples can file for a grounds-based divorce in Louisiana based on adultery or a felony conviction. See LSA-C.C. Art 103 (2020). Couples who have a covenant marriage can seek a divorce based on one of the following fault grounds:
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- * adultery
- * felony conviction
- * abandonment for at least a year
- * physical or sexual abuse of a spouse or the children
- * separation for at least two years, or
- * separation for one year (or 18 months in the case of a divorce with minor children) from the date a legal separation was signed.
Couples must agree on everything—including the grounds. If you meet the requirements of an uncontested divorce, then please proceed to the form. Once you complete the form, print and sign the authorization documents, then mail them to our office at P.O. Box 684, Zachary, Louisiana 70791. If you have any questions or concerns, feel free to contact us at (225) 775-9249.
