Skip to main content

Not sure I understand the process

Lafayette, LA |

In a previous question I asked if I was being led astray and I'm not sure I understand. Wife filed in November, I paid my lawyer 350 prior to transferring jobs to florida for her to handle. I was under the impression that after the 6 month that once my lawyer filed whatever it was that the divorce was over. Should my lawyer have filed something at that 6 mos point and should the divorce be final? There is property dispute, but was under the impression that was a separate issue from the dissolution. Am I just way off base?

Attorney Answers 1


  1. there are two basic types of divorce in Louisiana. It sounds like your wife's attorney may have filed what we refer to as a 102 divorce, named after the civil code article it falls under. It requires that you live separate and apart for 6 months after filing, and then another motion is filed to confirm that you have been living separate for the 6 months. It is only 6 months if you do not have children. If you have children it is one year. After the 6 months, either party can file to ask for the final divorce. The 6 months begins from when the other party was served or signed a waiver of service. The waiver of service can be filed with the final motion for divorce. Once the divorce is granted, then you can begin a proceeding to partition the former community property. It can be filed in the same suit as the divorce, or as a separate suit. If you only paid $350.00, that would have just paid the filing fees to the clerk of court. You may owe additional filing fees to file for the final divorce.

Divorce topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics