There are generally two ways to get an immediate divorce in Louisiana. This article provides some further explanation of this.
Many times when a spouse walks into a lawyer’s office ready to get a divorce, the last thing that they want to hear is that they need to wait. But the frank situation is that, in the state of Louisiana, there are generally strict requirements for living “separate and apart” from your spouse before you can legally end your marriage.
Separate and apart does not mean sleeping on the couch in the other room. It means that the spouses generally must manifest their intent to be separate and apart by ceasing to inhabit the same residence. Furthermore, the amount of time required to live separate and apart varies depending on the circumstances in the home---namely, whether or not there are children. If there are none, the period for living separate and apart is one hundred and eighty days; if there are children, the time period is three hundred and sixty five days.
If this is in fact the case, there may be an alternative for that spouse other than waiting for the time period to elapse for a divorce. Actually, there are really two main ways: adultery and a criminal conviction of the other spouse.
As anyone who has had the misfortune of being “cheated on” can attest to, the experience can be a very trying one. Infidelity is consistently one of the main reasons that people get a divorce in the first place. Indeed, after swearing your vows to another person, sometimes it is just impossible to forgive them for an act of adultery. Perhaps because this transgression so blatantly runs against the main goals and commitments of marriage, in the state of Louisiana a “cheated on” spouse may be able to get around the normal separate and apart living requirements. That said, it must be conclusively proven in a court that the adultery did in fact occur. A court will likely not consider mere conjecture when determining whether one spouse was unfaithful to the other.
The second way to run an “end around” the waiting requirements is if your spouse is convicted of a crime. Remember, not any crime will do. The other spouse must have been convicted of a felony, and not only that, but also a felony which carries a punishment of death or imprisonment at hard labor. “Imprisonment at hard labor” typically is reserved for more serious felonious crimes. If that is case, than the spouse seeking the divorce may be able to ask a family court to suspend the separate and apart living requirement.
The above article is general information. It is not legal advice. Attorney Will Beaumont practices in New Orleans and Metairie.
More Louisiana Divorce Lawyer Questions and Answers
If you live in Louisiana and you are trying to get a divorce, there are certain rules which you must observe to effectuate this decision. Louisiana has a few public policy objectives when it comes to divorcing couples; and one of the main ones is to make sure that the couple is very sure about the decision they are about to make.
General Topics of Louisiana Divorce Attorney Law
This article is written to add to the general knowledge on Louisiana family law which some of these articles can provide. That said, this is a continuation of articles on “Dos and Don’ts” in family law.
Louisiana Community Property and Divorce Attorney Example: Greg and Gina
In Louisiana, property which a person possesses while married can be classified into one of two types: community property or separate property. This article provides an example of this.
