Practical Legal Guidance for Every Type of Divorce in Louisiana
Divorce is one of the most consequential legal decisions a person can face. Whether you and your spouse agree on everything or are headed toward a contested proceeding, the outcome will shape your finances, your family, and your future. At Olsen Law Office, we guide St. Tammany Parish residents through every stage of the divorce process with practical legal advice and genuine attention to their circumstances.
Not every divorce looks the same. A couple with no shared assets and no children faces a fundamentally different process than a family navigating custody arrangements, retirement accounts, and years of shared property. That’s why we handle multiple types of divorce, each with the focused approach the situation calls for.
We represent clients across the full range of divorce matters in St. Tammany Parish. Below are the three primary areas within our divorce work, each handled with the attention the specific circumstances require.
Uncontested Divorce
When both spouses are aligned on property division, custody, and support, an uncontested divorce can resolve the marriage with less time and cost than a fully litigated proceeding. Louisiana allows couples who meet the separation requirements to finalize this process efficiently when they’re prepared. We help clients structure their agreements properly and confirm all required legal standards are met before filing. Learn more about how we approach uncontested divorce in St. Tammany Parish.
Military Divorce
Divorce involving an active-duty service member or veteran introduces federal law into what would otherwise be a straightforward state proceeding. The Servicemembers Civil Relief Act (SCRA), which limits certain civil proceedings against active-duty service members, and the Uniformed Services Former Spouses’ Protection Act (USFSPA), which governs the division of military retired pay, both apply in ways that require careful handling. Residency and jurisdiction questions can also be more complex when one spouse is stationed outside Louisiana. We handle military divorce for clients connected to the St. Tammany Parish area.
Same-Sex Divorce
Same-sex couples in Louisiana have the same rights and face the same legal process as any other married couple seeking a divorce. That includes the full scope of issues: property division under Louisiana’s community property laws, spousal support, and child custody when children are involved. We bring the same thorough approach to same-sex divorce that we bring to every family law matter.
What Louisiana Divorce Actually Involves
Most divorce cases in St. Tammany Parish turn on the same core legal issues regardless of how the marriage ended. Understanding what those are helps you enter the process prepared.
Louisiana Divorce Grounds: 102 & 103
Louisiana recognizes two primary divorce filings. A 102 divorce is a no-fault petition filed before the required separation period has elapsed. After the petition is served, spouses must live separately for six months (no children) or one year (with children) before the divorce can be finalized. A 103 divorce applies when that separation period has already passed, or when fault grounds exist, including adultery, physical or sexual abuse of a spouse or child, a protective order entered during the marriage, or a felony conviction resulting in imprisonment at hard labor or a death sentence. A 103 divorce can move faster when the separation period is already complete.
Property Division Under Louisiana Law
Louisiana is a community property state. Assets and debts acquired during the marriage are generally divided equally. Property owned before the marriage or received as a gift or inheritance is considered separate and stays with the original owner. Complex situations arise with real estate, business interests, and retirement accounts. Dividing a pension or 401(k) typically requires a Qualified Domestic Relations Order (QDRO), a court order that directs the retirement plan administrator to split the account according to the divorce decree. We help clients understand what they’re entitled to and how to protect it.
Spousal Support in Louisiana
Louisiana courts recognize two types of spousal support: interim support during the divorce proceedings and final periodic support after the divorce is finalized. Interim support is designed to maintain the standard of living while the case is pending. Final periodic support is awarded based on the requesting spouse’s need and the other spouse’s ability to pay. Courts weigh factors including the length of the marriage, each spouse’s financial situation and earning capacity, the time needed to gain education or employment, and the health and age of both parties. Whether you’re seeking support or defending against a claim for it, documentation of financial need and earning capacity matters.
Child Custody & Support
Louisiana family courts base custody decisions on the best interests of the child, weighing each parent’s relationship with the child, the stability of each home, and the child’s own preferences when they’re old enough to express them. Custody can be awarded solely to one parent or shared jointly. Child support is calculated using a state formula that accounts for both parents’ income and the child’s actual costs, including medical care, education, and childcare. We handle child custody and child support as standalone matters as well as within divorce proceedings.
Frequently Asked Questions
How Long Does a Divorce Take in St. Tammany Parish?
It depends on the type of divorce and whether the parties agree. A no-fault divorce requires a waiting period of 180 days without children or 365 days with children after the petition is served. If fault grounds apply and the separation period is already complete, the timeline can be shorter. Contested disputes over property or custody extend the process further.
Do I Need an Attorney to File for Divorce in Louisiana?
Louisiana doesn’t require an attorney to file, but having one can protect your interests in ways self-filing can’t. Property division, custody terms, and support calculations carry long-term financial and personal consequences. Errors in paperwork or agreements that don’t hold up legally can cost far more to correct than hiring counsel from the start.
Does It Matter Who Files for Divorce First?
In Louisiana, filing first doesn’t carry a legal advantage in terms of outcomes. However, the spouse who files first has had time to prepare and has typically already worked through the financial and logistical implications. That preparation matters, regardless of which side of the filing you’re on.
Can Custody & Support Orders Be Changed After the Divorce Is Final?
Yes. Either parent can petition the court for a modification if circumstances change significantly, such as a job loss, relocation, or a shift in the child’s needs. The requesting parent must show that the change is material and that modifying the order serves the child’s best interests.
What If My Spouse Won’t Pay Court-Ordered Support?
Non-payment of spousal or child support is enforceable through the court. Options include wage garnishment, contempt of court proceedings, and fines. Keep records of missed payments before taking action.
Talk to a Divorce Attorney in St. Tammany Parish
The decisions made during a divorce affect your finances, your children, and your daily life for years to come. We work closely with each client to understand their specific situation and develop a realistic path forward, whether that means negotiating an efficient resolution or advocating firmly in court.
Facing a divorce or family law matter in St. Tammany Parish? Call Olsen Law Office at (985) 256-3553.
Attorney at LawLindsey S. Olsen
Lindsey is a lifelong resident of the Northshore, having graduated from Fontainebleau High School. She then went on to receive a Bachelor of Arts from Louisiana State University, and her Juris Doctor from Loyola University New Orleans College of Law. During her time spent at Loyola University New Orleans College of Law, she was a student practitioner in the Family Law Section of the Stuart H. Smith Law Clinic and Center for Social Justice.
“She is very organized and efficient and clearly explained the final steps of the process.”
Lindsey Olsen provided an excellent service and put her vast knowledge of family and estate planning on full display. She is a true professional and made all of the concerning legal matters regarding our wills and continuing tutorship for our special needs son a walk in the park. She is very organized and efficient and clearly explained the final steps of the process. We enjoyed working with Lindsey and certainly recommend her to other prospective clients.
Lisa & Craig
“I am so grateful for her services.”
Lindsey has such a calm and empathetic demeanor. She offered so much emotional support for my family and I while remaining focused on our best interest at all times, she explains everything in detail, and is readily available to answer any of my questions. Lindsey is knowledgeable, trustworthy, and to the point. I am so grateful for her services.
Amanda
“Proved to be reliable, trustworthy and honest.”
When my father passed away. We reached out to Lindsey Olsen to do his succession. It was a very difficult time for my mother, brother, and I. She was incredibly patient and professional. All our questions were answered and the process was as smooth as possible. She proved to be reliable, trustworthy and honest. We will definitely use her services again.
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