Divorce Lawyers in Lafayette

Divorce in Lafayette: waiting periods, property and support

Louisiana allows no-fault divorce: the spouses live apart for a set time, and either one can ask to end the marriage. The hard parts are usually property, spousal support and custody. Whether the case is uncontested, mediated or a high-net-worth fight over a business, a family lawyer helps keep the steps in order. This page lists 7 attorneys and law firms in Lafayette who handle divorce and family law matters.

How long a no-fault divorce takes

• No minor children. 180 days of living separate and apart.
• Minor children. 365 days.
• Two routes. File first, then live apart for the full period after service (Article 102), or file after you have already lived apart that long (Article 103).
• Fault grounds. Adultery, a felony with a sentence of death or imprisonment at hard labor, abuse of a spouse or child, or a protective order allow a divorce without the waiting period.
• Covenant marriage. Stricter rules apply, including counseling first and longer separation, such as two years apart.

Property and support

• Community property. Property a spouse owned before the community began, or received individually by inheritance or donation, stays separate. The divorce ends the community retroactive to the filing date.
• Partition. In a contested partition, each spouse files a sworn detailed descriptive list of assets and debts within 45 days of service of a motion.
• Interim support. May be paid while the case is pending; it generally ends 180 days after the divorce judgment.
• Final periodic support. Available to a spouse in need who is free from fault.

Where the case is filed

Divorce is filed in the parish where either spouse is domiciled or in the parish of the couple's last matrimonial domicile. Lafayette Parish cases go to the 15th Judicial District Court, which also serves Acadia and Vermilion parishes. In custody disputes the court may order mediation.

This page is general information, not legal advice.

Lawyers listed in Lafayette also cover Personal Injury (41), Maritime Law (24) and Products Liability (15). Lafayette is the only city in Louisiana where the directory lists attorneys in this practice above the listing threshold.