Divorce

While divorce laws vary by state, here are the basic steps:

1. Meet the residency requirements of the state where you wish to file. To see Louisiana’s residency requirements, go to What are the residency requirements for divorce in Louisiana?
2. Have a legally acceptable reason (“grounds”) to end your marriage. To see what the legally acceptable reasons to get divorced in Louisiana are, go to What are the grounds for divorce in Louisiana?
3. File divorce papers and have copies sent to your spouse. To learn more about filing a summons, preparing a petition, and serving your spouse with notice of the case, go to the Starting the Court Case page in our Preparing for Court - By Yourself section.
4. If your spouse disagrees with anything in your divorce papers, they can file papers telling their side. This is called “contesting the divorce.” If your spouse contests the divorce, you will likely have to attend a series of court appearances to sort the issues out.  On the other hand, if your spouse agrees with everything, this is called an “uncontested divorce.” Your spouse should then sign the papers and send them back to you or the court. However, if your spouse fails to sign the papers or file an answer or other response within the time the law requires, you may still be able to proceed with an uncontested divorce. You should speak to a lawyer in your state about how long you have to wait to see if your spouse answers the divorce papers before you can continue with the divorce.

In a divorce case, you can also address the following issues if they are relevant to your situation:

• child custody and co-parenting;
• dividing up property, money, and debts; and
• spousal and child support.

You and your spouse may resolve these issues in an out-of-court settlement or through court hearings. It’s generally a good idea to speak to a lawyer before you sign a divorce agreement or if you are going through a contested divorce. You can use our Louisiana Finding a Lawyer page to look for help.