Louisiana Petition for Divorce - La. CC Art. 103 - No Children
About this form
The Petition for Divorce - La. CC Art. 103 - No Children is a legal document used in Louisiana to formally request a divorce. This specific form is intended for couples who have no children and have been living separately for at least one hundred eighty days. It differs from other divorce petitions as it simplifies the process by not requiring child custody considerations.
What’s included in this form
- Petitioner's information: Details about the individual filing the petition.
- Defendant's information: Information about the spouse receiving the petition.
- Marriage details: Date and location of the marriage.
- Separation date: Date when the couple began living apart.
- Community property agreement: A clause regarding the distribution of property and debts.
- Signature and notarization: Expected signatures and a notary public section for validation.
Situations where this form applies
This form should be used when a married couple in Louisiana decides to divorce without having any children. It is suitable for situations where the parties have already been living apart for at least six months and wish to formally end their marriage under Louisiana Civil Code Article 103.
Who needs this form
- Individuals seeking a divorce in Louisiana without children.
- Parties who have been separated for a minimum of one hundred eighty days.
- Couples who have reached an agreement on the distribution of community property and debts.
Instructions for completing this form
- Identify the parties: Fill in the names and residences of both the petitioner and defendant.
- Provide marriage details: Enter the date and location of your marriage.
- Document separation date: Specify the date when you physically separated.
- Include community property agreement: Attach and reference any agreed property distribution documentation.
- Sign the form: Both parties must sign in the appropriate sections and have it notarized.
Does this document require notarization?
This form needs to be notarized to ensure legal validity. US Legal Forms provides secure online notarization powered by Notarize, allowing you to complete the process through a verified video call, available anytime.
Common mistakes
- Failing to accurately fill out all required fields.
- Not providing an accurate separation date.
- Omitting the community property distribution documentation.
- Neglecting to sign the form before a notary public.
- Misunderstanding the residency requirements for filing in Louisiana.
Benefits of completing this form online
- Convenience of instant access to the form.
- Editability allows customization to meet individual needs.
- Professional drafting ensures compliance with Louisiana legal standards.
Form popularity
FAQ
Louisiana provides for fault and no-fault divorce options.Under a 102 divorce, a spouse can file a petition for divorce, allege jurisdiction and venue, and request a judgment of divorce after the parties have lived separate and apart from service of the petition or written waiver of service for a period of 180 days.
How long does a divorce take in Louisiana? Once the divorce paperwork has been filed in court, it usually takes 30 to 90 days for a divorce to be final.
The fastest way to end a marriage is by seeking an uncontested divorce. However, this works best when both spouses are committed to the idea of getting out as quickly as possible. When there are no children and no property division conflicts, your divorce may proceed easily.
In 15 days (30 days if your spouse doesn't live in Louisiana), request that the Court Clerk set your case for a Preliminary Default. In a couple of days, the judge will finalize the divorce or may decide to first require a Confirmation of Default hearing before finalizing it.
Instructions How to File For Divorce in Louisiana. Acceptance of Service and Waiver of Consent Form. Judgment for Divorce Form. Marital Settlement Agreement Form. Petition For Divorce Article 102 Form. Petition for Divorce Article 103 Form. Petitioner's Affidavit Article 102 Form.
In a 103 divorce, the spouses must live separate and apart for at least 180 days prior to the filing of the petition (365 days if there are minor children involved).You must have an agreement on child support and custody or a trial on those issues with a judgment in order to get a divorce with children in Louisiana.
