Well-meaning family, friends and colleagues may provide you unsolicited advice when you announce that your marriage is ending. Even if they have been through a divorce, that does not mean that what they went through applies to you. Every family is unique, and your uncontested divorce will be the same.
Having said that, some similarities do exist among all divorces. First, here in Louisiana, you and your spouse must live separately for a minimum of six months (without minor children) to one year (with minor children). Of course, under some circumstances such as domestic abuse or adultery, this waiting period may not apply. Every divorce must be filed with the correct Louisiana court, which will issue the final order regarding your divorce.
That is where the similarities often end. It will be up to you and your spouse how you proceed once the divorce is filed. Many couples opt to work out a divorce settlement regarding property division, child custody and support and spousal maintenance without the intervention of the court. This method allows the two of you to retain control over the final agreement and often results in a more satisfactory outcome. However, in the absence of an agreement, the court will make these important decisions on your behalf.
Some people may tell you that you do not need an attorney in order to get an uncontested divorce. This may be true, but many risks come with this decision. You may neglect to handle certain issues that could come back to haunt you in the future. Any agreement you and your spouse reach may not meet with the approval of the court. In order to protect your interests and help make sure that the court approves your divorce settlement, the assistance of a Louisiana family law attorney could prove invaluable.