Best Divorce & Separation Lawyers in Lafayette

About Divorce & Separation Law in Lafayette, United States

This guide focuses on Lafayette, Louisiana. Family law in the United States is state specific, and Louisiana follows a civil law framework that is different from many other states. If you live in a different Lafayette city outside Louisiana, the rules may differ. In Lafayette, Louisiana, divorces are handled in state court and are governed by the Louisiana Civil Code and related statutes. Common issues include grounds for divorce, living separate and apart requirements, child custody and support, community property division, and spousal support. Lafayette Parish cases are typically heard in the 15th Judicial District Court.

Louisiana offers both fault and no-fault divorce options. Many couples resolve their cases by agreement through uncontested procedures, mediation, or collaborative law. Others require court hearings for temporary orders or trial on disputed issues. Domestic abuse protections, child safety, and support enforcement are also available through the courts and state agencies.

Why You May Need a Lawyer

Not every case requires an attorney, but professional guidance can prevent costly mistakes. You may need a lawyer if any of the following apply:

You and your spouse have minor children and you need a stable parenting plan, decision-making rules, and child support orders. You own a home, retirement accounts, a business, or other significant assets or debts and want to divide them correctly under Louisiana community property law. You believe your spouse has committed adultery, abuse, financial misconduct, or has hidden assets. You need temporary orders for exclusive use of the home, temporary custody, or interim support while the case is pending. You are in or leaving a covenant marriage, which has special rules and limited grounds for divorce. You or your spouse lives outside Louisiana and you are unsure about jurisdiction, service of process, or how out-of-state orders are enforced. There is a history of domestic violence or coercive control and you need safety planning and protective orders. You want to pursue mediation, collaborative law, or an uncontested divorce and need help preparing accurate filings that the court will accept.

Local Laws Overview

Residency and venue. At least one spouse must be domiciled in Louisiana for the court to have authority over a divorce. Cases are usually filed in the parish of the last matrimonial domicile or where either spouse is currently residing, which for Lafayette-area residents is typically Lafayette Parish.

Grounds for divorce. Louisiana recognizes both fault and no-fault divorces. No-fault divorces are based on living separate and apart for a required period. Fault grounds include adultery and conviction of a felony with a sentence of death or hard labor. Domestic abuse can also affect the path to divorce and support awards.

No-fault waiting periods. Louisiana has two main procedural paths. Under one path, you file first and then live separate and apart for the required period before final judgment. Under another path, you live separate and apart before filing and then file for an immediate divorce. The typical separation periods are 180 days if there are no minor children of the marriage and 365 days if there are minor children. Certain domestic abuse cases can proceed without a waiting period.

Covenant marriage. If you entered a covenant marriage in Louisiana, divorce grounds are more limited and premarital counseling and additional steps are required. Separation periods and acceptable grounds differ from standard marriages.

Child custody. Louisiana uses a best-interest-of-the-child standard. The court may award joint custody or sole custody, looking at factors such as the child’s relationship with each parent, stability, health and safety, and each parent’s willingness to support the child’s relationship with the other parent. Before final custody is decided, the court can issue temporary orders. Relocation of a child is governed by a specific statute that requires notice and, in many cases, court approval if the move would significantly affect the existing schedule.

Child support. Louisiana uses guideline formulas that consider each parent’s gross income, health insurance, childcare costs, and the custodial schedule. Support is typically paid until a child reaches the age of majority, with some exceptions for full-time secondary education or special needs. Support orders can be modified if there is a material change in circumstances.

Property division. Louisiana is a community property state. Most property and debts acquired during the marriage are presumed community and are generally divided equally at divorce. Separate property includes assets owned before marriage and certain gifts or inheritances. Complexities arise with commingled assets, reimbursement claims, retirement accounts, and business interests.

Spousal support. Courts may award interim spousal support during the case to maintain the status quo and final periodic support after divorce based on need, ability to pay, and certain statutory factors. Fault serious enough to be a cause of the divorce can bar final periodic support, but does not bar interim support.

Domestic violence and protective orders. Victims may seek protective orders that can address contact, residence, custody, and firearms. A history of abuse affects custody decisions and may allow an expedited path to divorce and support.

Procedure and timeline. A divorce begins with a petition filed with the Clerk of Court and formal service on the other party. Many cases involve temporary orders while the case is pending. Uncontested cases can move more quickly. Contested cases may require discovery, mediation, and hearings. Parenting education may be required in cases involving minor children.

Frequently Asked Questions

How long does a divorce take in Lafayette, Louisiana

Uncontested divorces without minor children can sometimes wrap up in a few months if the required separation has already occurred and paperwork is accurate. If you need to accrue the separation period after filing, expect at least the statutory waiting period plus court processing time. Contested cases with property, custody, or support disputes can take longer.

Do I have to be legally separated before filing

Louisiana does not require a separate court order called legal separation for standard marriages. Many people either live apart for the required time and then file, or file first and complete the separation period before final judgment. Covenant marriages have a distinct judicial separation process and additional rules.

What are the grounds for divorce

Most divorces are no-fault based on living separate and apart for the required time. Fault grounds include adultery and felony conviction with a sentence of death or hard labor. Domestic abuse can also provide grounds that bypass waiting periods or affect support and custody.

How is property divided

Community property and community debts are generally divided equally. Separate property is not divided. The court can allocate assets and debts, order reimbursements, and divide retirement accounts using court orders directed to plan administrators. Accurate inventories and appraisals are important.

How is child custody decided

The court decides custody based on the child’s best interests. Judges consider factors such as the child’s needs, each parent’s involvement, stability, the child’s school and community ties, and any history of abuse or substance misuse. The court can order joint custody with a detailed schedule or award sole custody if appropriate.

How is child support calculated

Louisiana applies guideline tables to the parents’ combined gross income and adjusts for health insurance, childcare, and extraordinary expenses. The resulting amount is allocated between the parents based on income share and parenting time. Wage withholding and state enforcement help ensure payment. Orders can be modified with a significant change in circumstances.

Can I get alimony in Louisiana

Courts may award interim spousal support while the case is pending and final periodic support after divorce. Interim support focuses on maintaining the status quo. Final support depends on need, ability to pay, the standard of living during the marriage, and statutory factors. Marital fault that caused the breakup can bar final periodic support.

What if my spouse and I agree on everything

You can pursue an uncontested divorce with a written settlement covering custody, support, and property. The court still reviews the agreement to ensure it is legal and in the child’s best interests. Many uncontested cases are resolved faster and cost less than contested cases.

What if my spouse lives out of state or cannot be found

Louisiana courts can proceed if jurisdiction exists based on domicile. If your spouse lives out of state, you must still complete proper service. If your spouse cannot be located after diligent search, you may request court permission for alternative service and eventually proceed by default if the legal requirements are met.

Can I change my name as part of the divorce

Yes. You can ask the court to restore your former name as part of the divorce judgment. Include the request in your petition or file an appropriate motion before the case concludes.

Additional Resources

15th Judicial District Court - Lafayette Parish. Handles divorce, custody, support, and protective orders. Contact the Clerk of Court for filing information and forms.

Lafayette Parish Clerk of Court. Provides filing, records, and procedural guidance. Staff cannot give legal advice but can explain filing requirements and fees.

Louisiana Department of Children and Family Services - Child Support Enforcement. Assists with opening child support cases, establishing paternity, setting and enforcing support, and wage withholding.

Acadiana Legal Service Corporation. Nonprofit providing civil legal help for eligible low-income clients, including family law matters.

Louisiana Law Help. Statewide self-help information, forms, and guides for family law topics in Louisiana.

Lafayette Parish Bar Association. Lawyer referral and local programming for family law and mediation.

Family Justice Center of Acadiana. Coordinated services for survivors of domestic violence and related crimes, including safety planning.

National Domestic Violence Hotline. 800-799-7233. Confidential support and safety resources at any time.

Next Steps

Clarify your goals. Decide whether you want a no-fault uncontested divorce, need temporary orders, or must address safety concerns. Consider how you want to handle custody, support, and property.

Gather documents. Collect tax returns, pay stubs, bank and credit statements, mortgage and deed documents, vehicle titles, retirement account statements, insurance information, and any evidence relevant to fault or safety. Organize a parenting calendar if custody is at issue.

Protect finances and safety. Open a safe mailing address and email, change passwords, monitor credit, and consider a protective order if there is abuse. Do not remove or hide assets without legal advice.

Consult a local attorney. A Lafayette-based family lawyer can explain your options, the required separation periods, and whether your case is suitable for mediation or collaborative law. Ask about fees, timelines, and a strategy that fits your goals.

Consider mediation. If safe and appropriate, mediation can help resolve custody schedules, parenting plans, support, and property division more efficiently and with less conflict.

File correctly. When ready, file your petition in Lafayette Parish, arrange for proper service, and comply with any parenting class or hearing officer requirements. Follow all court deadlines and keep copies of everything you file or receive.

Review and finalize. Confirm that the final judgment addresses divorce, custody, support, property division, name change if desired, and any necessary orders for retirement division. Update beneficiary designations and estate planning after the divorce is final.

This guide is general information, not legal advice. For advice on your situation, consult a licensed Louisiana family law attorney in Lafayette.