Divorce Filing In Louisiana

Ask Your Question For Free

Summary

Emotional abuse involves persistent behavior causing emotional trauma, while constructive abandonment is when a partner refuses marital duties, leading the other to leave. To file for divorce in Louisiana, determine the type of divorce, file in the parish where you or your spouse live, and ensure you meet the six-month residency requirement. Document instances of abuse and gather evidence for a fault-based divorce. For a restraining order due to harassment, file a Petition for Protection from Abuse with evidence. Consult a local attorney for detailed guidance.

Full Conversation

I was living in Rapids Parish * and now I’m living in Walker which is Livingston Parish, Louisiana.
Since you are now living in Walker, Livingston Parish, Louisiana, here are some steps you need to follow:
*. You can file for divorce in Livingston Parish.
*. Check if you qualify for a fault-based divorce due to emotional abuse and constructive abandonment.
*. Complete the 'Petition for Divorce' form and file it at the Livingston Parish Clerk of Court's office.
*. Ensure you meet Louisiana's residency requirement, which is six months.
How do I check to qualify to see if I qualify for a fault based divorce due to emotional abuse and constructive management
In Louisiana, to qualify for a fault-based divorce due to emotional abuse:
*. Document instances of abuse.
*. Gather any evidence (texts, emails, medical records).
*. Obtain testimonies from witnesses.
*. Show that abuse has caused you harm.
For constructive abandonment:
*. Prove spouse's refusal to fulfill marital duties.
*. Demonstrate this led to your decision to leave.
Consult with a local family law attorney for detailed advice.
What formed off file for severe emotional and mental abuse and what form do I file for constructive abandonment and can I get a restraining order due to harassment, considering that he is constantly texting my phone after asking him not to because he’s always saying the whittling and negative thingsthat lead me to cry and become that much more stressed out
To file for divorce due to emotional abuse and constructive abandonment in Louisiana:
- Complete the 'Petition for Divorce' form (no separate forms for emotional abuse or constructive abandonment).
- Document your grounds for divorce in this form.
For a restraining order:
- File a 'Petition for Protection from Abuse' at your local courthouse.
- Attach evidence of harassment (texts, emails etc.).
Consult with a local attorney for detailed guidance.