Divorce is one of life’s most challenging transitions. It brings emotional, financial, and legal difficulties that affect not only the couple but also children and extended families. Whether amicable or contested, understanding your rights and obligations under Louisiana law is essential before moving forward.
At The Hinch Firm Trial Attorneys, we guide individuals in Lake Charles through the divorce process with clarity and compassion. If you are considering divorce, call us today at (337) 267-8430 to schedule a confidential consultation.
To file for divorce in Louisiana, at least one spouse must be domiciled in the state for a minimum of six months before filing. In Lake Charles (located in Calcasieu Parish), your case will likely proceed through the local family court system. You may file in the parish where either spouse lives or where the couple last lived together.
Meeting this residency requirement is the first step in establishing jurisdiction over your divorce proceedings.
Louisiana allows for both no-fault and fault-based divorces. Most couples opt for no-fault divorce due to its straightforward nature, but certain serious circumstances may call for fault-based grounds.
Louisiana’s no-fault divorces typically fall under two legal articles: Article 102 and Article 103(1) of the Louisiana Civil Code.
This option is for couples who are still living together when the divorce is filed. The petitioner files the divorce and then the spouses begin living separately. After:
the court can finalize the divorce. This option allows issues like custody and property division to be addressed during the separation period.
This applies when spouses have already lived apart continuously for the required duration (180 or 365 days). It is typically a faster route since the separation requirement has already been satisfied before filing.
While no-fault divorce is more common, fault-based divorce is permitted under Article 103(2) and can sometimes be filed without a waiting period. Grounds include:
In these situations, if proven, the court may waive the standard separation period and allow immediate divorce. Additionally, fault can affect property division and spousal support eligibility, so it may be strategically important in some cases.
Louisiana is a community property state, meaning all property, income, and debts acquired during the marriage are typically considered shared. Upon divorce, this community property is generally divided equally between the spouses.
Some assets remain separate and are not subject to division:
A knowledgeable family law attorney can help distinguish between community and separate property, which is often a point of contention during divorce.
Spousal support in Louisiana is not automatic. It may be awarded when one spouse can demonstrate financial need and the other has the ability to pay.
There are two types:
Courts consider various factors including each spouse’s income, standard of living during the marriage, and who is at fault for the divorce.
At The Hinch Firm, our team has helped many clients navigate these sensitive issues. We understand how emotional and personal spousal support matters can be, and we provide tailored guidance based on each unique situation.
When children are involved, custody becomes one of the most important—and emotional—elements of a divorce case. Louisiana courts prioritize the best interests of the child in determining custody arrangements.
The court evaluates factors like:
Child support is calculated based on the Louisiana Child Support Guidelines, which consider both parents’ income, the number of children, healthcare and education expenses, and custody time.
Even in joint custody arrangements, one parent may be required to pay support depending on income differences and time-sharing arrangements.
If you’re concerned about protecting your rights or reaching a fair custody arrangement, consider speaking with a Lake Charles family law attorney.
Louisiana is one of the few states that offers covenant marriage—a more restrictive version of traditional marriage. Couples must receive pre-marital counseling and sign a declaration of intent to make divorce more difficult. Divorce is only granted under specific grounds:
If you’re in a covenant marriage and considering divorce, the process may be more complex, requiring a strong legal strategy from an experienced attorney.
An uncontested divorce means both parties agree on:
These divorces tend to be quicker, more affordable, and less stressful.
A contested divorce arises when spouses disagree on one or more key issues. These cases often require court hearings and possibly a trial, extending the timeline and increasing emotional toll. Legal representation is especially critical in these situations.
Here’s a general overview of how a divorce typically proceeds in Lake Charles:
Each case is different. That’s why The Hinch Firm Trial Attorneys approaches every divorce with a personalized strategy focused on protecting your interests, rights, and family relationships.
Even if your divorce seems simple on the surface, the legal details can quickly become complicated. From dividing retirement accounts and protecting business interests to ensuring your custody arrangement is fair—there’s a lot at stake.
At The Hinch Firm Trial Attorneys, our team is dedicated to helping clients in Lake Charles move forward with clarity and confidence. Whether you’re pursuing a no-fault divorce or facing a high-conflict custody battle, we’re here to help you understand your rights and explore your best path forward.
Divorce is a deeply personal journey. But you don’t have to go through it alone. By understanding Louisiana’s divorce laws—including your options for no-fault or fault-based divorce, property division, custody, and support—you empower yourself to make informed decisions for your future.
If you’re considering divorce in Lake Charles or have questions about your legal options, contact us at The Hinch Firm Trial Attorneys. Our team is here to offer strategic guidance and compassionate support every step of the way.
Call today at (337) 267-8430 to schedule a consultation and start your next chapter with confidence.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. For legal guidance tailored to your specific situation, consult a licensed attorney.
We encourage you to reach out to us right away for a confidential consultation. Call (337) 267-8430 or contact us online to get started.