Uncontested Louisiana Divorce - A Three Step Process
Obtaining an uncontested divorce involves three basic steps, the Petition, the Preliminary Default and the Judgment. Details are important, and the process can be quick if your attorney knows the ropes. Here are the basics.
The PetitionThe Petition for Divorce will tell the court what you want and why you're entitled to it. For instance, if you and your spouse have been living separate and apart for 180 days (if you have no children) or 365 days (if you do have children), you are eligible to obtain a divorce in Louisiana. It doesn't matter whose fault it is; Louisiana is a no-fault divorce state.
The Preliminary DefaultOnce the defendant has been given legal notice that the divorce was filed and has decided not to contest the divorce, the court may grant a Preliminary Default, because the appropriate amount of time has passed without any type of response having been filed. This sets the stage for a quick end to the process, because the court knows the matter is uncontested.
The Judgment of DivorceAs early as two days after the Preliminary Default is granted, the court can grant the divorce. Affidavits are filed to show the court that you meet the criteria for a divorce and that all of the procedural hurdles have been cleared. If the court is satisfied that all of the appropriate steps have been taken, the Judgment of Divorce will be signed.