What Is the Fastest Way to Get a Divorce in Louisiana?
Divorce can be a stressful and emotionally challenging process. However, if both parties agree on the terms of the divorce and want to expedite the process, there are ways to speed up the proceedings. In Louisiana, the fastest way to get a divorce is through a process called a “summary dissolution.” This option is available to couples who meet certain criteria and can help streamline the process significantly.
A summary dissolution, also known as a “summary divorce,” is a simplified and expedited form of divorce that eliminates the need for a lengthy court battle. To qualify for a summary dissolution in Louisiana, both spouses must meet the following conditions:
1. The couple must have been married for less than five years.
2. There must be no minor children from the marriage, and the wife must not be pregnant.
3. Neither spouse can own real estate.
4. The total value of community property must be less than $50,000.
5. The couple must have a written agreement regarding the division of assets and debts, including any spousal support.
If these conditions are met, the couple can file a joint petition for a summary dissolution with the court. Once the petition is filed, a hearing will be scheduled within 30 days. At the hearing, the judge will review the agreement and, if satisfied, grant the divorce.
Frequently Asked Questions (FAQs):
1. Can I get a summary dissolution if we have been married for more than five years?
No, the summary dissolution option is only available for couples married for less than five years.
2. What if we have minor children together?
If you have minor children, you do not qualify for a summary dissolution. You will need to go through the regular divorce process, which may take longer.
3. Are there any residency requirements for filing for divorce in Louisiana?
Yes, either you or your spouse must have been a resident of Louisiana for at least six months before filing for divorce.
4. What if we cannot agree on the terms of the divorce?
If you cannot reach an agreement, you will not be eligible for a summary dissolution. You will need to pursue a regular divorce through the court system.
5. Can we use a mediator to help us reach an agreement?
Yes, mediation can be a helpful tool in resolving disputes and reaching an agreement. It can potentially expedite the divorce process.
6. Is there a waiting period before the divorce is final?
In Louisiana, there is a waiting period of 180 days from the date of filing before a divorce can be finalized.
7. What if our community property exceeds $50,000?
If your community property exceeds $50,000, you will not be eligible for a summary dissolution. You will need to go through the regular divorce process.
8. Can I change my name as part of the divorce process?
Yes, you can request a name change as part of your divorce petition.
9. Do I need an attorney for a summary dissolution?
While not required, it is always advisable to consult with an attorney to ensure that your rights are protected and that the agreement is fair and enforceable.
In conclusion, if you and your spouse meet the criteria for a summary dissolution in Louisiana, it can be the fastest way to get a divorce. However, it is essential to understand the requirements and seek legal advice to ensure that the process is handled correctly.