If you live in Louisiana and you are trying to get a divorce, there are certain rules which you must observe to effectuate this decision. Louisiana has a few public policy objectives when it comes to divorcing couples; and one of the main ones is to make sure that the couple is very sure about the decision they are about to make.
Most people would probably agree that if a couple could instantaneously have a divorce lawyer end their marriage the morning after a fight that that would not be in the best interests of the family. Consider the following examples.
Let's say Bob and Sue have been married for six years. They have one child, Terrence. Bob and Sue have been having a lot of trouble lately in their marriage, and they each decide to hire a divorce lawyer. One day while they are still living together, Bob goes to talk to a divorce lawyer about ending his marriage. The attorney asks Bob about his living situation. Bob tells him everything that there is to know, except he leaves out one crucial detail: the existence of his son Terrance. Based on the information Bob provides, the attorney recommends that Bob move out of the house he is sharing with Sue and live somewhere else for at least six months. This is often the time period which must elapse before a divorce lawyer can obtain a judgment ending the marriage.
Bob complies with the advice and he returns to the divorce lawyer after the six months has transpired. In this meeting however it comes to light that Bob has a son by Sue. The attorney exclaims that this changes everything. If there is a child from the marriage, then Bob and Sue will likely have to live separate and apart for three hundred and sixty-five days instead. Thus Bob is instructed to continue living in his apartment for another six months.
Seven months later, Bob returns to the divorce lawyer's office. He asks if he has finally met the requirement of living separate and apart. The lawyer says that it appears so, but asks why Bob did not return to his office after the six months had passed. Bob explains that the reason is, after the six months was up he got a call from Sue begging him to return home, and Bob decided to move back with her and Terrance. It did not take long for things to revert back to the usual fighting and bickering, so just last week Bob moved out once more. Again, the divorce lawyer has bad news for Bob. He explains that if reconciliation takes place between the spouses during the separate and apart period, then the whole process will likely need to start over. In Bob's case this was not a simple meeting between he and Sue; Bob actually moved back into the family home for a substantial period of time. In order to get the divorce, Bob will need to swear to a court that they have faithfully observed the separate and apart requirement without reconciling. Since he cannot do this, Bob will have to wait another three hundred and sixty-five days.
The above is provided as general information on the law -- this is not legal advice. Please consult with an attorney for any legal questions. William H. Beaumont. New Orleans and Metairie, Louisiana.
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