frequently asked questions
Divorce Eligibility and Grounds
Process and Procedures
14-Day Express Divorce
Division of Property
Child Support
Spousal Support/ Maintenance
Divorce Eligibility and Grounds
What is an "Uncontested Divorce"?
An “Uncontested Divorce,” as opposed to a “contested divorce,” is a divorce where you and your spouse agree to the divorce and divorce related issues such as child custody and support, division of community property or spousal support. To achieve an uncontested divorce your spouse will have to be willing to sign the paperwork related to your divorce or get served and failure to answer the divorce paperwork
Is an uncontested divorce right for us?
An Uncontested Divorce is always the best option for spouses who are divorcing and know that they can reach an agreement as to property, children and support. By choosing an uncontested divorce, you are able to save thousands of dollars and avoid the conflict of a contested divorce.
Do I qualify for an uncontested divorce?
To qualify for an uncontested divorce you or your spouse and have to be a resident of the state of Louisiana and both parties need to be willing to sign the divorce paperwork.
What are the Louisiana State Residency Requirement
To file for a divorce in Lousiana, you or your spouse must satisfy one of the following residency requirements:
- You must have lived in Louisiana for the last 6 months.
I live out of state but my spouse resides in Louisiana am I eligible for a Louisiana Divorce?
If you are not a Louisiana resident but your spouse resides in Louisiana and meets the “Residency Requirements,” you may file an action for divorce in Louisiana.
Process and Procedures
Will my divorce be prepared and filed by an attorney?
Yes. When you retain Louisiana Divorce Law Firm, you will have Louisiana Attorney Daniel Shanks draft, review and filing your divorce paperwork.
How much will I need to pay in Court Filing Fees?
When we review your case, we will inform you of court costs and include these costs in our quote.
How Long will it take for my divorce to be finalized?
In Louisiana, you must be separated 180 days when there are no minor children of the marriage and 365 days when there are minor children of the marriage. Once you have achieved the requisite period of separation, the duration of your divorce depends on 2 factors: 1. how quickly your spouse signs the paperwork and 2. how long it takes for the court to process the paperwork. If your spouse signs the paperwork immediately when it is ready, then it generally takes 2 – 4 months for the court to process. We can provide a more accurate assessment when we determine the parish where your paperwork will be filed.
I need my divorce completed quickly, what are my options
We offer an Express 14-Day Divorce Option. Expedited divorce can be completed within 14 business days from the date we receive all executed documents. This 14-Day option is only available where the parties have achieved the requisite separation period: 180 days when there are no minor children of the marriage and 365 days when there are minor children of the marriage.
Will my spouse or I need to appear in Court at any time?
No. Court appearances will not be required as long as your case remains uncontested and both parties remain in agreement.
My spouse refuses to sign his/her affidavits, what are my options?
If your spouse refuses to cooperate with the divorce process, we will need to have him or her served by a process server. This will require additional funds.
Can my spouse and I stop the proceedings if we want to get back together?
Yes. We can stop the proceeding prior to the signing of the divorce judgment
I would like to be able to return to my maiden name, will I be able to do so?
Yes. On your intake form, indicate that you would like to return to your maiden name and list the Nmae you would like to return to.
14-Day Express Divorce
I urgently need my divorce to be completed quickly, what are my options?
We offer an Express 14-Day Divorce Option. Expedited divorce can be completed within 14 business days from the date we receive all executed documents. This 14-Day option is only available where the parties have completed the requisite separation period: 180 days when there are no minor children of the marriage and 365 days when there are minor children of the marriage.
Am I eligible for a 14-Day Express Divorce"?
You are eligible for an Express Divorce if the following requirements are met:
- You or your spouse meet the Louisiana residency requirements.
- Your spouse agrees to the divorce and is willing to sign the paperwork
- You and your spouse can sign the divorce paperwork as soon as it is made available to you.
Division of Property
What am I entitled to as part of a divorce?
Louisiana is a community property state. This means that all assets acquired during the course of the marriage through effort, skill, or industry of both or either spouse belong to the community property regime. This means that each spouse is entitled to 50% of the community property assets. However, the spouse can mutually agree to split the assets how they see fit.
My spouse and I are in agreement regarding the terms of the divorce, how do I ensure that I will be able to enforce our verbal agreement in Court?
Our firm will meorialize the agreement through what is called a consent judgment. Bsed upon your agreement, we will draft a consent judgment. YOu and your spouse will approve and sign the judgment and we will file it with the court.
We have no property, assets or children, do we need a Consent Judgment?
You are not required to file a Consent Judgment when there are no known commuity property assets. However, it is always advisable to have a Consent judgment prepared to ensure that neither party seeks to revisit the terms of the divorce at a later date. By filing a consent judgment, you may avoid contentious litigation over unknown community property assets such as pensions, retirement accounts, and issues related to spousal support.
We share a home (or other real estate), what are our options?
A few options include transferring the interest to one party, buying out the other party’s interest or selling the home and splitting the proceeds of the sale. Call us today to see what you best option is.
Our home was purchased during the marriage but is titled to my spouse, what are my rights?
Both parties are entitled to an equal share of the home’s equity regardless of whose name is on the title to the marital home (or the mortgage).
All of our bank accounts and savings are under my spouse's name, what are my rights?
Regardless of whose name is on the title to the accounts, provided that these funds were accumulated during the marriage, both parties are entitled to an equal share.
My spouse has a pension/retirement accounts, am I entitled to a portion of these accounts?
Yes. You and your spouse are each entitled to share in the marital portion of the other’s pensions and retirement accounts. However, you may seek to waive your rights to these types of retirement accounts. Either way, please be sure to discuss this with our legal team as the division of retirement accounts require the preparation of a special Court Order called a “Qualified Domestic Relations Order.”
What is a Qualified Domestic Relations Order?
A Qualified Domestic Relations Order or “QDRO” is a Court Order prepared by an attorney or pension analyst in connection with a divorce proceeding which will allow for the division and distribution of a pension plan or other retirement account without incurring any tax liabilities typically associated with distributions from retirement accounts. QDROs are intricate documents, which require the pre-approval of the plan administrators and signature of the Judge presiding over your divorce. QDROs need not be submitted simultaneously with a divorce proceeding and, in fact, may submitted after the divorce has been finalized. If you intend to divide any pensions or retirement accounts as part of your divorce, be sure to discuss this with our legal team.
Am I responsible for debts that are under my spouse's name?
Much as community property applied to assets acquired during the marriage, credit card debts, bank loans and the like, which were accumulated during the marriage are generally subject to division. That means that even if your spouse incurred the marital debt under his or her name, you may both be responsible for any outstanding accounts. However, in an uncontested divorce proceeding, you and your spouse have the luxury of dividing the debt in any way you see fair.
Child Support
Who receives Child Support in a divorce?
Generally speaking, Child Support is paid to the custodial parent (the parent who has physical custody of the children) by the non-custodial parent.
What is the maximum age for Child Support eligibility?
In New York, children under the age of 21 are eligible for Child Support.
Neither party is seeking Child Support, can Child Support be waived entirely?
No. Child Support is a right and cannot be waived entirely by the parties even if they agree to waive their rights. The parties may agree to a child support amount less than what would be required by law and that agreement can be included in a consent judgment. However, the custodial parent can later sue for the amount to be increased to the amount required by law.
I pay Spousal Support, will that reduce my current Child Support obligation?
Yes. Spousal support paid to your spouse will reduce your Child Support income dollar for dollar such that your income will be reduced by the amount actually paid for spousal support prior to calculating a Child Support obligation.
Spousal Support/ Maintenance
Am I automatically entitled to Spousal Support?
No. You must petition the court for spousal support. Alternatively, if you and your spouse have reached an agreement regarding spousal support you may stipulate to an amount in a written settlement agreement.
How much support am I entitled to?
The amount of spousal support that is due depends on numerous factors including the relative earning power of the parties, the difference in incomes, the lifestyle enjoyed by the parties during the marriage and the length of the marriage.
How do I ensure that my spouse doesn't seek support from me in the future?
We can include language in your Consent Judgment where both parties waive the right to spousal support. It is necessary for both parties to agree to this in order for us to file the consent judgment with the court.
