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Divorce Lawyer in New Orleans

Helping You Begin Again

At Chehardy Sherman Williams, our New Orleans divorce lawyers understand that this is an emotionally trying time. For this reason, we will work closely with you to reach a divorce agreement that works best for everyone. Whether your divorce is contested or uncontested, we are determined to help you reach a resolution that is best suited to your needs and lifestyle.

Schedule your initial consultation today by contacting us online or by calling (504) 833-5600.

Who Can File for Divorce?

Any person who has resided in Louisiana for at least 1 year can file for divorce. Additionally, Louisiana residents can file for divorce if they are currently living out of state but only if they maintained residency here. A Petition for Divorce must be filed in the county where either spouse resides or where they last resided together.

If there are no children from the marriage, a divorcing couple must live separately for 180 days before they can divorce. If there are children from the marriage, the couple must live apart for at least 1 year before a court will grant the divorce.

Contested vs. Uncontested Divorce

In matters of divorce, decisions are seldom easily made. Getting a divorce requires compromise on many issues including asset and debt division, child support and custody, alimony, among many other matters. A divorce can either be uncontested or contested. Whether the couple is able to agree on major issues or not can affect the time it takes for the divorce to be finalized.

  • Uncontested divorce: the couple agrees on most issues and are able to come to their own conclusion. Uncontested divorces are often quicker than contested divorce and likely won’t require a trial.

  • Contested divorce: the couple is unable to agree on the terms of their divorce and must be settled in court by a judge. Contested divorce is sometimes unavoidable and can take a considerably longer time to be finalized.

Contested divorce is often emotionally charged. Having experienced attorneys by your side to fight for you is crucial to ensuring you get the best possible outcome. Our attorneys are well-experienced in divorce proceedings and are here to support and help you.

At-Fault Divorce vs. No-Fault Divorce

Louisiana recognizes both at-fault and no-fault when determining the grounds for divorce. Couples commonly site no-fault when petitioning for divorce, which usually means dissolution of the marriage is based on irreconcilable differences.

Some couples, however, choose at-fault grounds when petitioning. Couples filing for a fault-based divorce need to prove that one spouse:

  • committed adultery; or
  • was convicted of a felony.

Covenant Marriages

The state of Louisiana is 1 of 3 in the entire country that allows couples to enter a covenant marriage. A marriage of this type requires couples to participate in:

  • Premarital counseling to decide in advance how they would handle divorce; and
  • Predivorce counseling before they can file for divorce.

If a couple wishes to divorce after they have received counseling, they can do so if one party:

  • Committed adultery;
  • Was convicted of a felony;
  • Abandoned the other spouse for at least 1 year;
  • Abused the other spouse or their children;
  • Has lived apart from the other spouse (with no reconciliations) for at least 2 years; or
  • Has lived in legal separation from the other spouse for at least 1 year.

Division of Property

The Louisiana court system divides property based on community property laws. This means that any property owned by both parties is community property unless it is specifically stated as separate property.

If a divorcing couple has no pre- or post-nuptial agreement, the court will divide community property, which includes:

  • Assets acquired during the marriage through skill, effort, or industry of either spouse;
  • Assets acquired with community property or a mixture of community and separate property;
  • Assets gifted to both spouses;
  • Proceeds from community property;
  • Damages awarded for injury or loss to part of the community property; and/or
  • Property not classified by law as separate property.

Call a New Orleans Divorce Lawyer Today

At Chehardy Sherman Williams, our attorneys have a thorough understanding of the Louisiana divorce process and family law matters. We can help you draft a solid divorce agreement to help make the proceedings go as smoothly as possible.

Contact our firm online or call us at (504) 833-5600 for a case evaluation.