Uncontested vs. Contested Divorce in Louisiana: Which Path Fits Your Situation
Every family’s situation is different, which affects what happens in the event of a divorce. It’s important that you understand your rights and legal options when it comes to uncontested vs. contested divorce in Louisiana. The nature of a divorce can determine how easy it is to settle a case as well as how long it takes to make everything official.
Whether you’re navigating a contested or uncontested divorce, settling these complex family legal matters can be challenging. A Baton Rouge divorce lawyer can educate you and represent you through your estate administration or estate planning case.
It’s possible to settle divorces without litigation, which typically allows for more flexible solutions and a quicker timeline. When spouses disagree on divorce terms, however, matters become more complicated.
Uncontested vs. Contested Divorce in Louisiana
Louisiana has a fairly low divorce rate at 0.9 per 1,000 people. Still, divorce affects a significant percentage of couples and families across the state. Approximately 46 percent of adults in the state are married. Every relationship is different, and every divorce is, too.
Some cases are more complicated than others, resulting in contention and long, drawn-out litigation. Others are settled more easily, with both parents wholly agreeing on all terms put forth.
The vast majority of divorces fall somewhere in between. The difference between uncontested vs. contested divorce in Louisiana lies in whether or not spouses agree on all of the divorce terms. Generally, the more spouses agree, the faster the process goes.
In an uncontested divorce, spouses agree on everything. This includes:
- Child support
- Custody and visitation
- Property division
- Splitting debt
- Spousal support
Even though you don’t have to go to court to settle an uncontested divorce, you still have to file official documentation with the Clerk of Court in your parish and have a judge approve the decision.
If spouses don’t agree on even one of the above terms, it’s considered a contested divorce case. That said, don’t stress if you’re in this situation. Contested divorces also can settle out of the courtroom. You’re likely just going to need a bit more help. That’s where a Baton Rouge divorce lawyer comes in.
Some contested divorces do go to court, which involves more formal processes and, typically, longer wait times. It’s wise to hire a divorce lawyer no matter where you’re at in the process.
Understanding Louisiana’s contested and uncontested divorce laws is half the battle. Then, you have to apply those laws to a very personal situation you’re going through in which emotions are likely high. A Louisiana divorce attorney can keep you grounded and help you avoid mistakes.
FAQs
Do Contested Divorce Cases in Louisiana Have to Go to Court?
No, contested divorce cases in Louisiana do not have to go to court. It’s possible to settle complicated divorce matters even when spouses do not agree on the terms. For starters, it’s recommended that both parties hire a divorce lawyer to represent them.
There are a handful of alternative dispute resolutions to consider when settling a divorce in Louisiana, including negotiations, mediation, or settlement conferences. Litigation is typically a last resort for both contested and uncontested divorce cases.
Do I Need to Hire a Divorce Lawyer for an Uncontested Divorce in Louisiana?
No, you don’t need to hire a divorce lawyer for an uncontested divorce in Louisiana, but you likely are going to want one. In fact, it’s highly recommended that both parties secure legal representation from Baton Rouge divorce lawyers to facilitate divorce proceedings in and out of the courtroom.
This is beneficial even when both parties are on the same page and agree on divorce terms. Your attorney can help you avoid common mistakes and advocate for you.
How Long Does It Take to Settle a Divorce Case in Louisiana?
How long it takes to settle a divorce case in Louisiana mainly depends on whether it’s a contested divorce case or an uncontested divorce case. Uncontested divorces are often settled outside of court through negotiations, mediation, or settlement conferences.
Contested divorces can also settle out of court, but they typically take longer and are more complicated. There are also mandatory waiting requirements before the divorce petition can be finalized.
What Are the Rules for Filing for Divorce in Louisiana?
The rules for filing for divorce in Louisiana mostly entail residential requirements and other filing deadlines. You or your spouse must live in the state and parish where you’re filing for a certain period of time before you’re eligible for a divorce.
You and your spouse must also be living apart for at least six months to divorce due to irreconcilable differences, or a full year if you have children under the age of 18.
Hire a Divorce Lawyer to Represent You in a Contested or Uncontested Divorce in Louisiana
Whether you’re in the midst of a contested or uncontested divorce in Louisiana, it’s highly recommended that you hire a divorce lawyer to facilitate communications and represent your interests. Whether you’re getting ready to file or you’ve just been served the petition, you can turn to a Baton Rouge divorce lawyer at Rowe & Manning Law Firm LLC.
As a local law firm with decades of experience under our belt, our team has earned the trust and respect of countless clients after helping them through some of the most challenging times in their lives.
Our Baton Rouge divorce lawyers have represented Louisianans in complex family cases since 2000. To top it off, we go above and beyond by giving back to the community in other ways, too. Our attorneys are involved with local churches and volunteer organizations throughout the greater Baton Rouge area.
If you’re ready to discuss your case in more detail, Rowe & Manning Law Firm LLC is the team to call. Reach out to schedule an initial meeting with the team, and we can discuss your options in your divorce case. You can find us near the I-10 and I-12 interchange, making us an easy trip for clients near and far.
At the Rowe & Manning Law Firm LLC, we are proud that our clients can reach us when they need assistance. We always respond to phone calls promptly so you never have to struggle to reach your lawyer.
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