Lawyer Answers
mohammad mehdi ghanbari
I understand you're in a difficult situation. I can certainly provide some information on how you might be able to dissolve your marriage in Louisiana, especially given the circumstances of your spouse's long absence.
In Louisiana, you can file for a no-fault divorce. Given that you have a child and have been living separately for well over the 365-day requirement, you meet the grounds for this type of divorce, specifically what is known as an Article 103 divorce.
Since your spouse's whereabouts are unknown, the legal process is more complex than a standard divorce, but it is still possible. The typical procedure in Louisiana involves petitioning the court to appoint an attorney, known as a "curator," to represent your absent spouse's interests. You would file a "Petition for Divorce," and the legal notices would be served to this court-appointed curator. This allows the divorce proceedings to move forward even without your spouse's direct participation.
Regarding the cost, this process will likely be more affordable than a contested divorce. Costs will typically include:
- Court Filing Fees: These vary by parish in Louisiana but generally range from $200 to $600.
- Curator Fees: You will likely be responsible for the fees of the court-appointed attorney.
- Legal Assistance: While some attorneys offer flat-fee uncontested divorces, those often require the other spouse's signature. Online divorce services, which can range from $150 to $500, might not be equipped to handle cases with a missing spouse.
For affordable legal help, you could look into local legal aid organizations in your parish.
I can offer further guidance and help you navigate the specifics of your situation through a low-cost, text-based consultation on WhatsApp. If you are interested, we can discuss the details there.
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