Residency Requirements for Divorce: Louisiana
Louisiana has its own divorce laws regarding who is eligible to file for a divorce. Each state protects its jurisdiction and makes sure the appropriate laws are applied to the appropriate cases. To prevent your case from being dismissed, make sure you meet the Louisiana residency requirements. The most common mistake people make is believing they must divorce in the state in which they were married. This is simply not true. Most divorce cases throughout the United States are filed in the parish in which the filing spouse resides.
ZZZZLouisianaZZZZ Filing Requirements: In order to file for a divorce in Louisiana, residency requirements must be met for the court to accept the case. If the court discovers it does not have jurisdictional rights to hear the case it will not be accepted or it will eventually be dismissed. The requirements are as follows:
The filing spouse must be a resident for at least 12 months prior to filing. The divorce shall be filed in the parish in which either spouse resides.
Except in the case of a covenant marriage, a divorce shall be granted upon motion of a spouse when either spouse has filed a petition for divorce and upon proof that one hundred eighty days have elapsed from the service of the petition. (Louisiana Code of Civil Procedure - Article: 42)
If you discover that you DO NOT meet at least one of the above residency requirements, you can consider the following 4 options:
1. Do not proceed with a divorce and attempt to save your marriage.
2. Establish residency in Louisiana for the period time set forth above (this does not mean you have to wait to begin the process of getting your documents).
3. Have your spouse do the filing if he or she meets the necessary residency requirements for Louisiana.
4. Choose another state in which you or your spouse may meet the residency requirements (all state residency laws are unique, so be sure to check the state in which you were married as a potential option).
- Start Your Louisiana Divorce Today (5 Great Options!)
- Locate a Louisiana Divorce Professional Near You
- Read More About Louisiana Divorce Laws
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