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How fault can impact the length of your divorce

On Behalf of | Dec 27, 2021 | Divorce |

Divorce can get expensive fast. According to Business Insider, a couple in the U.S. can expect to pay an average of $15,000 per person to complete the process.

To keep costs down, you likely want to resolve your divorce as quickly as possible. In Louisiana, one factor that will affect how long your divorce lasts is whether you are claiming fault-based or no-fault grounds for the split.

No-fault divorce

With a no-fault divorce, neither you member of the couple is responsible for the breakdown of your marriage in the eyes of the law. Often, this type of split occurs when people grow apart or can no longer get along. Before a judge will grant a no-fault divorce, you must first live “separate and apart” from your spouse for 360 days if you have a minor child or 180 days if do not.

Fault-based divorce

A judge will grant a fault-based divorce without any mandatory separation period. However, you will need to show that your spouse is responsible for the end of the marriage. The allowable grounds for this type of divorce include:

  • Adultery
  • A felony conviction or incarceration
  • Physical or sexual abuse of the other spouse or a child of the spouse

In addition to allowing an immediate resolution, proving fault is necessary if you want to receive alimony. It can also impact custody rights and property division.

It can be difficult to prove that your partner is responsible for the split. You will likely need a strong legal case if you are seeking a fault-based divorce in Louisiana.

Schnaars Law Firm, LLC


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