Q. Is this Kit for me?
A. If you have no minor children, no property to divide, your spouse will not contest the divorce, and you want to file for your no-fault uncontested divorce in Louisiana as simply and as cheaply as possible, the EasySplit™ Kit is for you.
Q. What is an uncontested divorce?
A. An uncontested divorce is one where your spouse will not object to being served with divorce papers, and will not file any divorce paperwork opposing your petition. Your spouse can show that s/he does not object to the divorce either by signing a waiver of service and process or by avoiding filing any protesting papers.
Q. Do I have to live in Louisiana to get a divorce here?
A. In order to file for divorce and for a judge to grant you a divorce in Louisiana, you must live in Louisiana now, and have lived here for the last six (6) months before the filing of any divorce papers.
Q. Will I have to go to Court?
A. If you file a petition for divorce BEFORE living apart for six (6) months, you may have to appear in Court at a hearing after the six (6) months have gone by, and after you have submitted a document known as a “Rule to Show Cause,” to explain to the Judge in your own words why this divorce should be granted. When you file a petition AFTER living apart for six (6) months, you usually do not have to appear in Court. The Judge will grant your divorce based on the papers you have filed.
Q. Why do I need a special divorce Kit for Louisiana?
A. Louisiana is the only state in the United States that does not follow the “common law” based on the legal system of England. Louisiana’s “civil code” is based on the civil codes of France and Spain and contains laws regarding marriage and divorce that differ from those laws in common law states. The legal language used in Louisiana’s civil code is different from common law legal language. You must use civil code legal terms in your Louisiana divorce papers, and you must follow Louisiana’s laws for obtaining your divorce.
Q. I’m not comfortable filling out the forms myself. Can you complete them for me?
A. Yes, for an additional fee, you can fill out a Personal Information Form online and we will complete the forms with the information you provide.
Q. What if I don’t know where my spouse is?
A. Then this Kit is not for you. You may still be able to get a Louisiana divorce, but you must hire an attorney to help you.
Q. Can I get a divorce based on “irreconcilable differences”?
A. Irreconcilable differences are NOT GROUNDS FOR DIVORCE IN LOUISIANA. In order to obtain a divorce in Louisiana, you must have one of the following grounds:
- Living apart for six (6) months before filing a petition for divorce
- Living apart for six (6) months after filing a petition for divorce and before filing a “Rule to Show Cause” why a divorce should not be granted;
- Adultery by the defendant spouse (i.e., your spouse has had sexual intercourse with another person);
- Felony conviction of the defendant spouse, where the spouse has been sentenced and is imprisoned “at hard labor” by the State of Louisiana either by plea agreement or after trial.
Q. What about child custody and visitation, child support, dividing our property, use or occupancy of the family home, and other issues? Can I use this Kit to resolve any of those concerns?
A. No. The EasySplit™ Kit is for a divorce only. If you have children, property, or other concerns that must be resolved, please see an attorney specializing in divorce for advice on these matters.
Q. If my spouse contests the divorce, can you represent me?
A. No. A legal documentation service is not a law firm and we do not act as your attorney. The Louisiana State Bar Association can direct you to a divorce specialist in your area.
Q. Do you prepare divorce papers for other states?
A. No. Louisiana’s laws are unique, and divorce in Louisiana requires knowledge of legal terms specific to Louisiana. Louisiana has 64 parishes and may have their own rules for filing divorce papers. EasySplit™ Kits include filing instructions for each parish.
Q. I have seen divorce Kits for all 50 states for sale at a store, and I recently saw software at the computer store that said it prepared divorce papers valid in all 50 states. Why can’t I use those Kits or that software?
A. There are no kits or software products that are truly valid in all 50 states and are sufficient to obtain a divorce in Louisiana. While some of the documents they provide may be “valid” in Louisiana, they are not complete, and they use common law terms such as “plaintiff” and “complaint” which are not used in legal papers in Louisiana, and which may not be acceptable to the Court in which you must file.
Q. So I can get divorced for about $130?
A. Your complete divorce paperwork is yours for $129.95 plus $15.00 shipping and handling. You will pay a fee to the parish court for filing the papers and additional fees for service of process on your spouse and for certified copies of your paperwork. You will also have notarial fees for certain documents. The fees are determined by the individual parish court, and up-to-date fee information will be included with your EasySplit™ Kit.
Q. How long will my divorce take?
A. Louisiana divorce may be obtained very quickly in certain circumstances. If you have already been living apart for six (6) months, you can file for divorce, and the Court can grant your divorce almost immediately, depending on the Court’s schedule. But if you have not been living apart for six (6) months before you file, you may either wait until you’ve been separated for a full six (6) months and then file, or you may file first and then live apart for six (6) months.