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OT Lawyers, explain the mechanics of a divorce in LA?

Posted on 10/18/17 at 2:08 pm
Posted by PlatinumAlloy
Member since Oct 2017
23 posts
Posted on 10/18/17 at 2:08 pm
I understand the part about 12 months separation if you have a child under the age of 18, if no fault.

If both parties agree on the terms, at what point should they file the divorce decree? Beginning, middle or end of separation?

Does it matter when it's filed?

asking for a friend...
Posted by Cosmo
glassman's guest house
Member since Oct 2003
120170 posts
Posted on 10/18/17 at 2:08 pm to
Chick decides she is unhappy

She takes most of your shite

That is the mechanics
Posted by rpr4695
Member since May 2013
2093 posts
Posted on 10/18/17 at 2:09 pm to
Posted by MorbidTheClown
Baton Rouge
Member since Jan 2015
65676 posts
Posted on 10/18/17 at 2:11 pm to
quote:

mechanics of a divorce


she leaves, get's all of the property, half your money and you get all of the bills.
Posted by NIH
Member since Aug 2008
112553 posts
Posted on 10/18/17 at 2:11 pm to
You're fricked
Posted by spslayto
Member since Feb 2004
19693 posts
Posted on 10/18/17 at 2:12 pm to
quote:

If both parties agree on the terms, at what point should they file the divorce decree? Beginning, middle or end of separation?


Depends how long you have been separate and apart. If you just split, you can file now and wait the 12 months. (Civil Code article 102 divorce)

If you have been split 10 months, wait 2 more months and file. You can get it all done at once. (Civil Code article 103 divorce)

The main thing about filing that "separation" or "Petition for Divorce" is that is when the community property ceases to exist.

I'm assuming nothing has been filed yet?
This post was edited on 10/18/17 at 2:18 pm
Posted by LSUTigersVCURams
Member since Jul 2014
21940 posts
Posted on 10/18/17 at 2:12 pm to
quote:

explain the mechanics of a divorce in LA?


Put your head between your legs and kiss your arse goodbye.
Posted by Carson123987
Middle Court at the Rec
Member since Jul 2011
66377 posts
Posted on 10/18/17 at 2:13 pm to
Posted by ELVIS U
Member since Feb 2007
9920 posts
Posted on 10/18/17 at 2:15 pm to
You file it at the end of the 12 month period.
Posted by BigEdLSU
All around the south
Member since Sep 2010
20268 posts
Posted on 10/18/17 at 2:15 pm to
So you've got to file as officially separated? That's crazy
Posted by Displaced
Member since Dec 2011
32702 posts
Posted on 10/18/17 at 2:16 pm to
Why y'all splitting up bro? She cheat on you?
Posted by Post It Bandit
Boutte
Member since Mar 2008
3038 posts
Posted on 10/18/17 at 2:18 pm to
Your life is going to be miserable for the foreseeable future.
This post was edited on 10/18/17 at 2:18 pm
Posted by Tactical Insertion
Member since Feb 2011
3205 posts
Posted on 10/18/17 at 2:21 pm to
Pics of ex?
Posted by NeonSunburst
Member since Oct 2010
2798 posts
Posted on 10/18/17 at 2:22 pm to
I would go ahead and talk to my lawyer. You have a 12 month separation and then file, then a 12 month waiting period iirc.
This post was edited on 10/18/17 at 2:25 pm
Posted by TigerstuckinMS
Member since Nov 2005
33687 posts
Posted on 10/18/17 at 2:24 pm to
I think that the date of filing is important because that's the date the courts will consider the community to be broken and finances separate, regardless of whether the separation/living apart occurs before or after the date of filing. Also:
This post was edited on 10/18/17 at 2:30 pm
Posted by maxxrajun70
baton rouge
Member since Oct 2011
3726 posts
Posted on 10/18/17 at 2:24 pm to
your life is gonna change baw
Posted by Lakeboy7
New Orleans
Member since Jul 2011
23965 posts
Posted on 10/18/17 at 2:33 pm to
You ever do a line off a strippers arse? it'll happen
Posted by Evil Little Thing
Member since Jul 2013
11214 posts
Posted on 10/18/17 at 2:40 pm to
I found this site (EBR family court) to be most useful when divorcing: LINK

They have another section with forms you can use as a guide if you’re planning to DIY.

I did the separate then file at the end of the waiting period version, but I think it’s smarter to do the version where you file the petition up front, wait the 6/12 months, then file the judgment. That way community property ceases immediately rather then hoping your ex doesn’t go nuts in the upcoming year.
Posted by Displaced
Member since Dec 2011
32702 posts
Posted on 10/18/17 at 2:40 pm to
Divorce is trashy.
Posted by andwesway
Zachary, LA
Member since Jun 2016
1495 posts
Posted on 10/18/17 at 2:47 pm to
File ASAP! Freeze the community property.
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