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There are two main types of divorce in Louisiana. These are generally known as a 102 divorce and 103 divorce. The major difference between the two types of divorces revolves around when when you will need to file your petition for divorce.
A 102 divorce requires that the person requesting the divorce file a petition for divorce with a court of proper venue and jurisdiction. Once the petition is served on the defendant, the petitioner and defendant must live separate and apart for 6 months (if they do not have children together) or 1 year (if they do have children together). After they have lived separate and apart without reconciling for that period of time, either spouse may request a hearing date for the court to take up confirming the divorce.
103
A 103 divorce requires that the husband and wife live separate and apart BEFORE FILING the petitioner for divorce. Once the parties have lived separate and apart for 6 months (if they do not have children together) or 1 year (if they do have children together), then either party may file a petition for divorce. The parties may not reconcile during this period. Once the non-filing party is served with a divorce petition and the delays for answering the petition have passed, either party may filed a motion requesting a "preliminary default". On the third day after the preliminary default was filed, a judge should sign it. Once this is done, you can file a letter to the judge, judgment of divorce and applicable supporting affidavits.
WARNING
Filing for divorce can have major effects on both property and child custody. In order to be fully protected, you are going to need the advice of an experienced family attorney. Many attorney's will express that they practice family law without having years of experience. If you don't hire a good attorney the first time through, it can cost you both financially and may effect your parental and property rights if your case is not handled correctly.
In Addition, any statements provided within this answer are not intended as legal advice. The situation of your case is fact dependent. As a result, legal counsel should be consulted regarding your specific legal issue.
For a free legal consultation related to your divorce, visit bentonlawfirm.com
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Either spouse can act in such a way that they slow the divorce process down. Some attorneys conduct their business in a way that can slow the process down.
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You should most likely try to find out if the papers were drawn up. If not, you can begin the divorce process yourself.
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If you have a marriage certificate, that is your proof. If someone is contesting this, it is up to them to produce divorce documents. Even if you were in the process of getting a divorce at the husband's time of death, if there was no divorce decree, there was not yet a divorce.
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