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Are you eligible for an uncontested divorce?

If you are thinking about divorce, you have different options. There are contested divorces and uncontested divorces. However, your options depend on the kind of marriage you have.

What are divorce options for a covenant marriage?

In Louisiana, marriages are either standard or covenant-based. Covenant marriages include religious aspects such as premarital and marriage counseling in a religious context.

Covenant marriages are more difficult to end through divorce. They are never “uncontested.” This is because the religious community “contests” the divorce even if the spouses do not. The spouses must receive counseling before they are eligible for divorce. After that, you can file on the following grounds:

  • The non-filing spouse cheated on the other.
  • The non-filing spouse received a felony conviction.
  • The non-filing spouse abandoned the other.
  • The spouses are legally separated.
  • The non-filing spouse physically or sexually abused the other or a child.

What are divorce options for non-covenant marriages?

No-fault or uncontested divorces for all other marriages are usually the simplest. The most common reason for a no-fault divorce is an irreconcilable or irreparable breakdown of the marriage. Or, you must prove that you have been separated for at least six months.

No-fault divorces will impact your custody arrangement. Before factoring in other components, under no-fault divorces you will both have a more equal footing for custody than under an at-fault divorce.

Divorce is a serious legal and financial step to take. If you have children, even if you both agree to a no-fault divorce, this will have a significant emotional impact on them. It will be up to you and your spouse to balance your disagreements, legal proceedings and your parenting responsibilities.

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