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Divorce

Generally
Divorce can be one of the most difficult and expensive issues our clients face. At the Law Offices of Nathan G. Frazier, we tailor a solution to fit your needs. We aim to produce a separation that is clean, fair and cost-effective. Let us do the work so that you can move forward with your life.  

Getting divorced also means facing a variety of other issues, such as:

Each of these issues also requires careful consideration. Whether through negotiation, mediation or litigation, we will find a solution that is fair and equitable.

How Should I Prepare For a Divorce? 
You have already done the first step: researching online and reviewing the material on this site. In addition, you should consider the following steps:

  1. If you have joint accounts, you should withdraw half of the money from those accounts and put it in a separate account that you control. This way, you will be able to support yourself through the divorce process.
  2. If you are considering moving out of the family house, you will need to find a place to live. Divorce is expensive. The added cost of setting up an entirely separate household can literally "break the bank." To save money, you could live with a relative for a period of time until you figure out what will happen with your finances.
  3. Gather all of your important documents together and make copies of them so that your spouse can have them as well. These documents include all financial documents, bank statements, credit card statements, brokerage account statements, or any other document related to your finances. This would include insurance policies. Courts require you to submit tax returns, so make sure that you have copies of your tax returns going back at least two years, preferably five. Some courts also require proof of income, so you may want to make copies of your most recent pay stubs.
  4. If you have a will, you should revise it to reflect that you may not want certain assets to go to your ex or their family.
  5. Finally, close all of your joint credit cards in writing. This will prevent your spouse from running up huge credit card balances while you are going through the divorce process.
What Is The Process?
It starts by filing a petition for divorce. This document tells the court what you want. It will also contain facts, such as when you were married, whether you had kids, how old the kids are, and when you separated. You also have to ask for what you want in the divorce. For example, if you want spousal support, you need to ask for it. If you want child support, you need to ask for it. If you want a certain type of visitation or custody, you need to ask for that as well. All this document does is put the court on notice of the fact that you want a divorce and the other issues involved in the case. 

After you file your petition, the court will take numerous steps to decide the issue set forth in your petition. Different courts do this differently. For example, in Lafayette Parish, they use hearing officers. The hearing officer will decide how much spousal support you receive and how much child support you receive. If you disagree with the hearing officer, you can always appeal to a judge. In other courts, the judge will decide all of these issues himself or herself. Once issues such as spousal support, child support, custody, and visitation are resolved, you are ready to actually be divorced. If you have children, you must be separated for one year before you can be divorced. However, if you have already been separated more than a year before you actually file for divorce, you can ask for a "103 divorce." This basically means that you have already been separated for a year and you are ready to get divorced quickly. If you have not been separated for a year with kids, then you need to file a 102 divorce. In a 102 divorce, you must wait the full year before you could ask the court to sign a judgment saying you are officially divorced.

Another issue that will have to be decided is the property settlement. This can be done a number of ways. The parties can agree on how to divide the property. Or, the parties can ask the court to decide. As with most things, it is better if the parties can agree
on this amongst themselves.

What Types of Divorce Are There?

No-fault divorces

Article 102 ("No-Fault Divorce--Separation after Service")

  • If you have no minor children from marriage, a divorce shall be granted upon motion of a spouse when either spouse has filed a petition for divorce and upon proof that 180 days have elapsed from the service of the petition, or from the execution of written waiver of the service, and that the spouses have lived separate and apart continuously for at least 180 days prior to the filing of the rule to show cause.

  • If you do have minor children from marriage, a divorce shall be granted upon motion of a spouse when either spouse has filed a petition for divorce and upon proof that 365 days have elapsed from the service of the petition, or from the execution of written waiver of the service, and that the spouses have lived separate and apart continuously for at least 365 days prior to the filing of the rule to show cause.

Article 103 ("No-Fault Divorce--Separation prior to filing Petition")

  • If you have no minor children from marriage, a divorce shall be granted upon motion of a spouse when either spouse has filed a petition for divorce and upon proof that the parties have been living separate and apart at least 180 days before filing the petition.

  • If you do have minor children from marriage, a divorce shall be granted upon motion of a spouse when either spouse has filed a petition for divorce and upon proof that the parties have been living separate and apart at least 365 days before filing the petition.

Fault-based divorces

Article 103(2) ("Immediate Adultery Divorce")

  • Upon proof at trial that adultery was committed, divorce is immediate. Physical separation not required. 

Article 103(3) ("Immediate Felony-Conviction Divorce")
  • Spouse must be convicted of felony and must be sentenced to death or imprisonment at hard labor. Physical separation not required. 

At the Law Office of Nathan G. Frazier, we will represent you through all matters of divorce, including
 spousal support, child custody and property division. Call 337-981-3577 today for a free consultation.

The law office of Nathan G. Frazier is located in Lafayette, Louisiana and provides legal representation to clients throughout Louisiana, including the cities of Lafayette, Abbeville, Breaux Bridge, Church Point, Crowley, Franklin, Opelousas, New Iberia and Rayne and throughout Lafayette Parish, St. Martin Parish, St. Landry Parish, Acadia Parish, Vermilion Parish, Jeff Davis Parish and St. Mary Parish. 

Legal Disclaimer
This website does not offer you legal advice nor does it constitute the creation of an attorney-client relationship. This website contains general information and is no substitute for talking to a licensed attorney. If you need legal assistance, you must call and speak to me or another licensed attorney in your area as soon as possible. Many legal actions and defenses are subject to strict time limits so you must act quickly to protect your rights.