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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 order to start the divorce process without a lawyer, you'll need to complete some forms. The forms are not readily available from the Louisiana Judicial Branch website, but you can go to your local parish courthouse and request a complete packet of divorce papers.
When a spouse refuses to sign divorce papers, the spouse seeking a divorce will need to obtain what is called a contested divorce. To file a contested divorce, the party who wishes to obtain the divorce must file a petition in the family court in their jurisdiction.
The Court can grant a divorce order, even if the spouse refuses to sign any documents. However, it still must be proven that the spouse was served the Application for Divorce by completing an Affidavit. Our divorce lawyer advises that you must fill in this form correctly, or risk having to serve the spouse again.
An uncontested divorce when you have already been separated for the required amount of time can take anywhere from two weeks to a few months to finalize.
If your spouse won't engage in your divorce, then your only option for ending your marriage will have to be to go to court. Mediation will be a waste of time because your spouse won't participate.Once you get a lawyer onboard, you are going to have to file for divorce and have your husband served with divorce papers.
Your spouse will then have 20 days to file a response with the court. At this point, it will be in their best interest to finally respond to your filing; if they don't respond within 20 days, the court will rule it to be an uncontested divorce.
You do not have to sign the papers together, at the same time and place, but the Louisiana 3StepDivorce2122 requires both spouses to sign.When spouses cannot agree about the terms and conditions of their divorce, they sometimes end up in court where a judge makes decisions for them.
Couples can seek an uncontested divorce based on the fact the couple has been living separate and apart. Spouses must have been separated for six months (if there are no children) or one year (if they have children) before a judge will grant a divorce.