Jefferson Parish Divorce Lawyer
Divorce can bring uncertainty about your family, finances, and future. A Jefferson Parish divorce lawyer at Moisant Law Firm can help you understand your options, protect what matters most, and move forward with a clear plan. We represent clients throughout Jefferson Parish and surrounding parishes in divorce, child custody, child support, community property, and related family law matters.
Divorce
We know divorce isn't something anyone enters into lightly. It can be a confusing and emotionally charged time. Here at Moisant Law Firm, we understand the challenges you face. Our experienced family law attorney and legal team are compassionate individuals dedicated to guiding you through each step of the divorce process with understanding and respect. We'll be there to answer your questions, explain your options, and ensure your rights are protected throughout this transition.
Divorce Options in Louisiana
Louisiana provides different paths to divorce depending on your circumstances. Most divorces are based on the spouses living separate and apart for the period required by law, while certain circumstances may allow a spouse to seek a divorce based on specific fault grounds.
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An Article 102 divorce allows a spouse to file for divorce before the required separation period has been completed. After the petition has been served or service has been waived, the spouses must live separate and apart continuously for the applicable period before additional steps can be taken to finalize the divorce.
An Article 103 divorce may be available when the spouses have already lived separate and apart continuously for the required period before filing. For non-covenant marriages, the required period is generally 180 days when there are no minor children of the marriage and 365 days when there are minor children.
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Louisiana also recognizes certain fault-based grounds for divorce under Article 103. These may include adultery, a spouse being convicted of a felony and sentenced to death or imprisonment at hard labor, physical or sexual abuse of the spouse or a child, or certain protective orders issued because of abuse.The best way to proceed depends on when you separated, whether you have minor children, whether a divorce petition has already been filed, and whether any other family law issues need to be addressed.
Contested vs. Uncontested Divorce
A divorce does not necessarily have to become a lengthy court battle. When spouses can agree on the issues that need to be resolved, an uncontested or negotiated resolution may reduce conflict, expense, and uncertainty.When important issues cannot be resolved through negotiation, litigation may be necessary. Contested divorce matters can involve disputes over custody, support, property, financial information, separate property claims, reimbursements, or compliance with existing court orders.
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Our goal is to help you evaluate the available options and choose a path that makes sense for what you are actually trying to accomplish.
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Do I Need a Divorce Lawyer?
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Not every divorce presents the same level of complexity. However, speaking with a divorce lawyer can be particularly important when your case involves:
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Minor children
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Disagreements over custody or visitation
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Significant assets or debts
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A home or other real estate
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Retirement or investment accounts
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A family-owned business
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Separate property or inheritance claims
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Requests for spousal support
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Concerns that assets or income are being hidden
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Domestic violence or a protective order
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A spouse who will not cooperate
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An existing custody, support, or divorce proceeding
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Even when you believe you and your spouse agree, understanding the legal and financial consequences of an agreement before signing it can help prevent problems later.
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How to Start the Divorce Process in Louisiana?
You do not have to be separated or ready to file before speaking with a divorce attorney. Many people start by meeting with a lawyer to understand their rights, discuss their family and financial situation, and learn what options may be available before making any major decisions.When you are ready to move forward, your attorney can help determine the appropriate divorce process, prepare and file the necessary paperwork, and address any related issues such as child custody, child support, spousal support, or community property.
Frequently Asked Questions About Divorce in Louisiana
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How long does a divorce take in Louisiana?
The timeline depends on your circumstances. For many non-covenant marriages, Louisiana requires spouses to live separate and apart continuously for 180 days when there are no minor children of the marriage and 365 days when there are minor children. Other factors, including service, contested issues, and court proceedings, can also affect the overall timeline.
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Can I file for divorce if my spouse does not agree?
Yes. Your spouse generally does not have to agree for you to seek a divorce in Louisiana. Disagreements may affect how the case proceeds, but one spouse cannot necessarily prevent the other from ultimately obtaining a divorce when the legal requirements have been satisfied.
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Do we have to decide custody before getting divorced?
Custody and divorce are related issues, but they do not always have to be resolved at exactly the same time. Your attorney can help determine how custody should be addressed based on the circumstances of your case.
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What happens to our house during a divorce?
What ultimately happens to the family home depends on ownership, classification of the property, mortgages, reimbursement claims, agreements between the spouses, and other circumstances. One spouse keeping the home is only one possible outcome.
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Does everything get divided 50/50 in a Louisiana divorce?
Louisiana is a community property state, but property division can be more complicated than simply splitting every asset in half. Property must first be identified and classified, and spouses may also have separate property, reimbursement claims, debts, or other issues that affect the final division.
Contact Moisant Law Today for a Consultation​
Facing divorce can be difficult, but you don't have to go through it alone. Contact Moisant Law Firm today to schedule a confidential consultation. During this meeting, we will discuss your situation, answer your questions, and guide you through the initial steps of the divorce process.
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Call us at 504-317-1685 or fill out our online contact form.
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We are located in Metairie, Louisiana and serve the surrounding areas.