This form is a final decree. The form must be completed and signed by the clerk of the bankruptcy court.
Louisiana Final Decree - B 271
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FAQ
A judge can grant a no-fault divorce if you and your spouse have lived separate and apart continuously for at least: 180 days if you and your spouse do not have a child together under 18 years old; or. 365 days if you and your spouse do have a child together under 18 years old.
In most cases, Louisiana law limits the amount of final periodic spousal support to no more than one-third of the paying spouse's net income. However, a judge may award support over that limit when the paying spouse was guilty of domestic abuse. (La. Civ.
The two fault-based grounds for divorce under Article 103 are for where the other spouse has committed adultery or where the other spouse has been sentenced to death or imprisonment at hard labor for committing a felony. There is no waiting period for an Article 103 fault-based divorce.
With few exceptions, the court will first value all of a couple's community property and assets. Those assets are then divided so that each spouse receives one-half of all their community property. In some cases, the court may order that certain assets be sold and the proceeds be split equally between the two spouses.
If the defendant fails to answer timely, or if he fails to appear at the trial, and the plaintiff establishes a prima facie case by competent and admissible evidence, a default judgment in favor of the plaintiff may be rendered.
The no-fault 103 divorce allows couples who have already lived apart for 6 months (if there are no minor children) or 12 months (if there are minor children) to have their divorce finalized providing all required documents have been filed and approved by the court.
Statutes: Louisiana Except in the case of a covenant marriage, a divorce shall be granted on the petition of a spouse upon proof that: (1) The spouses have been living separate and apart continuously for the requisite period of time, in ance with Article 103.1, or more on the date the petition is filed.
Effective January 1, 2022, a defendant in state court has 21 days (previously 15 days) to answer. If plaintiff serves written discovery in connection with the suit, a defendant will have 30 days to respond to the citation.
