Each state governs divorces filed within its jurisdiction. States may use different terms to refer to a divorce. For example, California refers to divorce as a dissolution of marriage. However, the process of ending a marriage in Louisiana is called divorce.
Dissolution of marriage and divorce are often used interchangeably. Both terms refer to the legal process of ending a marriage. Dissolution of marriage is often used instead of divorce in states where the only grounds for divorce are no-fault grounds. However, Louisiana continues to refer to legally terminating a marriage as divorce, regardless of the grounds for the divorce.
A legal separation allows couples to live separately but remain married. The couple addresses the issues they would address in a divorce, including child custody and alimony. Louisiana only permits legal separations for covenant marriages.
What Is a Covenant Marriage in Louisiana?
There are two types of marriage in Louisiana – traditional marriage and covenant marriage. You can obtain a divorce for a traditional marriage on no-fault grounds. One spouse alleges the marriage no longer works because of irreconcilable differences.
A covenant marriage requires that the parties agree:
- To seek counseling if problems develop during the marriage; and,
- Only to seek a divorce or legal separation for limited reasons.
Couples must sign a Declaration of Intent before being married. The declaration states that they agree to live together as spouses forever and have disclosed everything to each other that could adversely impact their decision to get married.
The parties must attend premarital counseling from a rabbi, minister, priest, clergy member, or professional marriage counselor. The declaration also states that the parties agree to make all reasonable efforts to preserve their marriage.
The parties must also sign an Affidavit and Attestation that a counselor discussed the implications and commitments of marriage and the obligations if problems arise during the marriage. They also received the Attorney General’s pamphlet entitled “Covenant Marriage Act.”
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Legal Separation and Divorce in a Covenant Marriage
Spouses in a covenant marriage can file for a legal separation or a divorce. A legal separation resolves the same issues as a divorce but does not legally end the marriage. Unlike a traditional divorce, the couple must try to resolve their differences through counseling before they divorce or legally separate. They must also prove fault grounds to obtain a divorce or legal separation.
The fault grounds for a divorce in a covenant marriage include:
- Adultery by either spouse
- Sexual or physical abuse of the spouse seeking divorce or the child of either spouse
- Dependence on alcohol and/or drugs
- Commission of a felony by the other spouse resulting in imprisonment or death
- The spouses have lived separately and apart for two years
- Severe ill treatment by the other spouse or cruel treatment
Obtaining a divorce or legal separation in a covenant marriage is difficult. If you cannot prove one of the above fault grounds, the court will not grant a divorce or legal separation.
How Can an Attorney Help With a Divorce or Legal Separation in Shreveport, Louisiana?
An attorney understands the requirements for proving fault grounds for a legal separation or divorce in a covenant marriage. Your lawyer has the resources to investigate the allegations and gather convincing evidence proving your claims. Working with an experienced covenant marriage divorce lawyer gives you the best chance of obtaining your desired outcome.
Hiring a divorce attorney is in your best interest, even if you are filing for a no-fault divorce in a traditional marriage. Legally ending a marriage is only one aspect of a divorce. Couples must agree upon spousal support, child custody, property division, and child support. The terms of your divorce can significantly impact your parental rights and financial well-being.
If a couple disagrees on any divorce terms, they have a contested divorce. Divorce litigation can involve complicated matters.
An experienced divorce lawyer works to resolve disputes through mediation and negotiation to obtain a fair divorce settlement without costly and time-consuming litigation. However, if your spouse refuses to negotiate in good faith, you want a seasoned trial lawyer to aggressively advocate for your best interests at trial.
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Contact our North Louisiana Litigation Lawyers at Knight Law Firm for Help Today
For more information, contact our experienced family law attorneys at Knight Law Firm to schedule a consultation.
We proudly serve Shreveport, Monroe, Ruston, and the surrounding areas of North Louisiana.
Knight Law Firm – Shreveport Office
401 Market Street Suite 1006, Shreveport LA 71101
(318) 323-2213
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