WHO CAN FILE FOR DIVORCE?

Anyone who has been a resident of Louisiana for at least one year can file for divorce. Residents of Louisiana can file for divorce even if they are living outside the state, as long as they maintained their residency. The “Petition for Divorce” (legal paperwork requesting a divorce) must be filed in the parish where either spouse resides or where the couple last lived together.

Couples who entered into a “covenant marriage” are required to seek marital counseling before filing for divorce. A covenant marriage is based upon the belief that couples often end their marriage without attempting to resolve their conflicts. The pair agrees to attend premarital counseling before they get married and enter counseling when marital problems arise.

IS SEPARATION NECESSARY?

In short yes. The State of Louisiana requires divorcing spouses to live separately for 180 days if there are no children from the marriage. However, if the couple has children, they must live separate and apart for at 365 days before a divorce will be granted.

HOW LONG WILL MY DIVORCE TAKE?

There are two types of divorces, a 102 and 103. You can file either at the beginning of the separation which is known as a (102 divorce), or you can file once the time period required by law is up also known as a (103 divorce).

A no-fault divorce can be granted in Louisiana if the spouses have lived separate and apart for at least 180 days and do not have minor children from the marriage. Couples who have minor children from their marriage are required to live separate and apart for a continuous period of 365 days before a court will grant a divorce.

DO I NEED A PERSONAL INJURY LAWYER FOR MY PERSONAL INJURY CLAIM?

Insurance company studies show that those who have legal representation in their case on average recover around 3.5 times more than those trying to resolve the issue on their own. Insurance companies do not like to pay out large settlements, and frequently move fast with an offer, within days of a car accident or other serious injury accident. If you accept this early offer, it can be a terrible mistake; you may later require more medical treatment, or not recover in the expected amount of time, or could experience complications. Our firm has the ability to carefully evaluate your injury case and ensure that we are pursuing every type of damage that may be claimed in your case. It is very important that you have an attorney that will protect your right to fair compensation, and the Landry Law Firm will fight for fair treatment for you and your family. A personal injury lawyer is imperative if you suffered serious injuries. We are Louisiana attorneys that are interested in helping you resolve these issues.

WHAT IS A LIVING WILL?

A living will or declaration concerning life-sustaining procedures is effective only when a patient is diagnosed with a terminal and irreversible condition. In effect, the living will can prevent the maintenance of a person on a respirator, etc. The living will is effective at a time when the person is physically (medically) alive but cannot survive without extraordinary medical procedures.

DO YOU NEED A LAST WILL AND TESTAMENT?

A will is not effective until death; generally, the last one written by date is the one which will control, so it is usually a good idea that the last will made revoke all prior wills. It is not possible to make either an oral will or a will with someone else. A will may be olographic, which means entirely written, dated and signed in the testator’s handwriting; or it can be statutory, which means it is executed with certain formalities in the presence of a notary public and two witnesses. A will controls all the property (assets and liabilities) owned at the time of death, whatever and wherever, except for property that generally passes by beneficiary designation such as life insurance, annuities, IRAs and pension benefits. The estate of one spouse cannot be controlled by the will of the other spouse. Wills also can address estate or inheritance tax matters as well as many others beyond the scope of this brochure.