Why do I need a family lawyer near me? Because the Weiser Law Firm has over 10 years experience in Family Law matters such as divorces, custody, child support, adoptions, and successions. Mr. Harold Weiser and his team bring their legal expertise to the table resulting in fast case resolutions. Please give us a call today for a free consultation at 504-358-2273.
Family Lawyer Near Me
Family Lawyer Near Me in Louisiana
There are several types of divorce in Louisiana, but if you exclude fault based on Adultery, Domestic Violence or the person in severing time in prison; there are two types. So the main question is: are there children or a child born during the marriage? If yes, there is a one year time frame of separation to get divorce. If there are children born before the marriage or no children, then there is only a six month wait period to get divorce.
If the parties have not been separated for the six months or the year required to get divorced we file a Louisiana Civil Code Article 102 divorce. This is beneficial to the parties so they may become legally separated and begin the processes of separating their life from their spouse.
La. CC Art. 102. Judgment of divorce; living separate and apart prior to rule
Except in the case of a covenant marriage, a divorce shall be granted upon motion of a spouse when either spouse has filed a petition for divorce and upon proof that the requisite period of time, in accordance with Article 103.1, has elapsed from the service of the petition, or from the execution of written waiver of the service, and that the spouses have lived separate and apart continuously for at least the requisite period of time, in accordance with Article 103.1, prior to the filing of the rule to show cause.
The motion shall be a rule to show cause filed after all such delays have elapsed.
Family Lawyer Near Me in New Orleans
If the parties have been separated for the required six months or the year and have not needed to resolve anything in the court previously we will file a Louisiana Civil Code Article 103 divorce (no fault). These divorces are easy and uncontested if the parties both agree and sign papers. We typically do these divorces for a total of $850.00 which includes all fees. Call a Family Lawyer near me for information. Here are the ground for an article 103 divorce:
La. CC Art. 103. Judgment of divorce; other grounds
Except in the case of a covenant marriage, a divorce shall be granted on the petition of a spouse upon proof that:
(1) The spouses have been living separate and apart continuously for the requisite period of time, in accordance with Article 103.1, or more on the date the petition is filed.
(2) The other spouse has committed adultery.
(3) The other spouse has committed a felony and has been sentenced to death or imprisonment at hard labor.
(4) During the marriage, the other spouse physically or sexually abused the spouse seeking divorce or a child of one of the spouses, regardless of whether the other spouse was prosecuted for the act of abuse.
(5) After a contradictory hearing or consent decree, a protective order or an injunction was issued during the marriage against the other spouse to protect the spouse seeking the divorce or a child of one of the spouses from abuse.