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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


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.

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