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Get your divorce papersWhat Divorce Papers needs to be valid in Louisiana
- Residency: You or your spouse must have lived in Louisiana for at least 6 months before filing.
- Grounds for divorce: Louisiana allows no-fault divorce (living separate and apart for 180 days if no minor children, or 365 days if there are minor children) or fault-based grounds.
- Proper court: File in the parish (county) where either spouse resides.
- Completed forms: You'll need the Petition for Divorce, Citation, and other required forms specific to your parish.
- Filing fee: Be prepared to pay a filing fee, which varies by parish (typically $150-$300).
- Notarization: Some divorce forms require notarization, such as the waiver of service or settlement agreement.
How to set up a Divorce Papers in Louisiana
- Determine if you meet Louisiana's residency requirements and choose your grounds for divorce.
- Gather the required information, including your marriage certificate, addresses, and details about assets, debts, and children if applicable.
- Obtain the necessary divorce forms from your local parish clerk of court or online from the Louisiana Supreme Court's website.
- Fill out the forms carefully. For an uncontested divorce, both spouses must agree on all terms; you may need a notary to sign the waiver and settlement documents.
- File the completed forms with the clerk of court in the appropriate parish. Pay the filing fee and get a case number.
- Serve your spouse with the divorce papers according to Louisiana law (usually via sheriff or certified mail), or have your spouse sign a waiver of service if they agree to the divorce.
How much it costs
The cost of filing for divorce in Louisiana varies by parish, but typically ranges from $150 to $300 for the filing fee. Additional costs may include fees for service of process, notary fees, and copying documents. If you hire an attorney, expect to pay significantly more, but you can save by doing an uncontested divorce on your own or using online services.
Louisiana Divorce Papers: Before You Begin
Before you start preparing your Louisiana divorce forms, gather the necessary information and understand the state's specific rules to avoid common delays.
- Verify you meet Louisiana's residency requirement (one spouse must have lived in the state for at least 6 months before filing).
- Have your marriage certificate, identification, and any existing separation or custody agreements ready.
- Check your parish (county) clerk of court's website for local filing fees and accepted forms, as requirements can vary.
- Ensure you have the full legal names, addresses, and dates of birth for you, your spouse, and any children.
- For an uncontested divorce, both spouses must sign the joint petition or waive service, and you'll need a notary for signature verification.
- Note that Louisiana requires a 180-day waiting period after filing before the divorce is finalized unless you meet exceptions, so plan accordingly.
Questions people ask
Do I need a lawyer to file for divorce in Louisiana?
No, you can file for divorce in Louisiana without a lawyer, especially for an uncontested divorce where both parties agree. However, it's important to ensure all forms are properly completed to avoid delays.
What are the residency requirements for divorce in Louisiana?
To file for divorce in Louisiana, you or your spouse must have been a resident of the state for at least 6 months. You must file in the parish where either spouse resides.
How long does it take to get a divorce in Louisiana?
The timeline depends on your circumstances. For an uncontested divorce, it typically takes at least 180 days after filing if there are no minor children, and 365 days if there are minor children, because of the separation period required. The actual process can take a few months to a year.
Do divorce papers need to be notarized in Louisiana?
Some divorce forms, such as the waiver of service and settlement agreement, require notarization. The petition itself may not need to be notarized, but it's best to check with your parish clerk.