Divorce

Divorce Representation in Jefferson Parish

The legal process of divorce can be overwhelming. A case may involve petitions, service requirements, filing deadlines, financial disclosures, court appearances, and decisions that affect property, support, children, and the family home.

At Marino & Ehle, LLC, attorney Davidson S. Ehle III handles select divorce and related family-law matters in Jefferson Parish. He can explain the applicable process, prepare and file the necessary pleadings, monitor important deadlines, and guide the client through each stage of the case.

Careful legal representation can help prevent avoidable mistakes and ensure that the case proceeds in a manner consistent with the client’s circumstances and objectives.

Divorce Under Louisiana Law

Louisiana law provides several grounds and procedures for obtaining a divorce.

In many cases, spouses obtain a divorce after living separate and apart continuously for the period required by law. The applicable period is generally:

180 days when there are no minor children of the marriage
365 days when there are minor children of the marriage

Depending on when the petition is filed, the divorce may proceed under Louisiana Civil Code Article 102 or Article 103.

Louisiana law also recognizes other grounds for divorce, including adultery, certain felony convictions, physical or sexual abuse, and the issuance of qualifying protective orders or injunctions.

The correct procedure depends on the facts of the marriage, the date of separation, whether minor children are involved, and whether any immediate relief is needed.

Issues That May Arise During a Divorce

A divorce proceeding may involve more than the termination of the marriage.

Related issues may include:

Child custody and visitation
Child support
Interim and final spousal support
Use and occupancy of the family residence
Temporary use of vehicles and other community property
Protective orders and injunctions
Payment of household expenses
Health insurance
Retirement benefits
Classification of property as community or separate
Valuation and division of businesses
Allocation of debts
Reimbursement claims between spouses
Partition of community property

Some of these matters may require hearings before the final divorce is granted. Others may continue after the marriage has legally ended.

Complex and High-Asset Divorce Matters

Divorces involving substantial property require careful financial analysis and planning.

A complex or high-asset marital estate may include:

Businesses or professional practices
Commercial and residential real estate
Retirement accounts and pensions
Investment portfolios
Closely held companies
Trust or inheritance interests
Separate property claims
Valuable personal property
Significant community debts
Income from multiple sources
Disputed reimbursements between spouses

Louisiana community-property law can become complicated when assets were acquired before marriage, separate and community funds were combined, a business increased in value during the marriage, or one spouse managed community property after separation.

When spouses cannot agree on the division of community property, either spouse may request a judicial partition. The process can require sworn detailed descriptive lists, valuations, expert analysis, and a determination of the assets, liabilities, and reimbursement claims belonging to each spouse.

Community Property and the Filing of Divorce

Each spouse generally owns an undivided one-half interest in community property while the community regime exists.

A judgment of divorce terminates the community-property regime retroactively to the date the divorce petition was filed in the action that resulted in the judgment, subject to the rights of third parties acquired during that period.

The filing date can therefore have significant financial consequences. A person considering divorce should obtain legal advice before transferring assets, withdrawing substantial funds, changing ownership records, or entering agreements affecting community property.

Preparing for a Divorce Consultation

A productive consultation may include discussion of:

The date of marriage
The date the spouses separated
Whether there are minor children
Current custody and living arrangements
Income and employment
Real estate
Bank and investment accounts
Retirement benefits
Businesses or professional practices
Debts and monthly expenses
Existing prenuptial or matrimonial agreements
Prior court proceedings
Immediate concerns involving property, support, or safety

Clients may be asked to bring relevant documents, such as tax returns, account statements, property records, retirement statements, loan documents, and any existing court orders or matrimonial agreements.

Complete and accurate financial information allows the attorney to identify potential issues and provide more useful advice.

What Davidson S. Ehle III Can Do for You

When Davidson S. Ehle III accepts a divorce matter, his work may include:

Evaluating the available grounds and divorce procedure
Preparing and filing the petition for divorce
Arranging or reviewing service and waivers
Monitoring separation periods and filing deadlines
Preparing for divorce and incidental hearings
Addressing temporary use of the family home or property
Handling support and custody issues when applicable
Reviewing community and separate property claims
Working with financial, valuation, or tax professionals when appropriate
Negotiating proposed settlements
Preparing community-property documents
Litigating disputed issues when an agreement cannot be reached

The objective is to give the client clear advice, protect important rights, and move the case toward an informed and workable resolution.

Consultation Fees

Davidson S. Ehle III charges a consultation fee for divorce and family-law consultations.

The consultation provides an opportunity to discuss the marriage, the client’s goals, the property and financial issues involved, and the legal procedures that may apply. It also allows Davidson and the prospective client to determine whether Marino & Ehle, LLC is the appropriate firm for the matter.

Contact a Jefferson Parish Divorce Lawyer

If you are considering divorce or have already separated from your spouse, obtaining legal advice early can help you understand your options and avoid decisions that may affect your property or other important rights.

Contact Marino & Ehle, LLC to schedule a paid consultation with Davidson S. Ehle III regarding a divorce or related family-law matter in Jefferson Parish.

Frequently Asked Questions

How long does the divorce process take in Louisiana?

Louisiana has mandatory separation periods to divorce, depending if children were born of the marriage. If children were born of the marriage, the mandatory separation must be three hundred sixty-five days. If no children were born of the marriage, the couple must live separate and apart for one hundred eighty days. Mandatory periods do not necessarily apply if there’s evidence of domestic violence or adultery. Uncontested divorces may be finalized soon after the waiting period but contested cases can take several months to over a year due to discovery, negotiation, and trial preparation. Local court schedules and case complexity also influence the timeline.

What are the residency requirements for filing for divorce in Louisiana?

To file for divorce in Louisiana, either spouse must be a resident in the state. The parish where the petitioner or defendant resides is the proper venue for the divorce proceeding.

What is a no-fault divorce in Louisiana?

In Louisiana, a no-fault divorce is filed on the grounds of living separate and apart for the requisite time periods depending upon children or no children born of the marriage. This option removes the need to prove wrongdoing and often results in quicker resolutions. However, other factors like property division and custody arrangements still need to be addressed.

Do I need an attorney for a divorce in Louisiana?

While not legally required, an attorney is highly recommended due to Louisiana’s unique divorce laws and procedures. Lawyers can guide clients through complex issues such as property division, support obligations, and child custody. Lawyers help negotiate fair settlements and provide representation in court if needed. For high-asset or contentious cases, legal expertise is critical to achieving fair, or even favorable results.

Is Louisiana a “Fault” State?

Louisiana petitioners can opt for a fault-based divorce when it is necessary or beneficial. Domestic violence victims and adultery are common fault reasons for divorce. Davidson can help you understand your legal options and make informed decisions, focusing on your desired outcomes while also considering reasonable compromises that will lead to a finalized divorce judgment.

Our Experienced Trial Lawyers

Joe Marino

A proven criminal defense attorney assisting clients across Jefferson Parish with decades of courtroom experience, legislative leadership, and significant judicial service.

Davidson Ehle

Davidson Ehle is a seasoned AV-rated trial attorney recognized for criminal defense victories, appellate advocacy, and respected leadership in the Jefferson Parish bar.