I am married and committed adultery - my spouse knows and we are not going to fight about it it. Just want it over. We do have a minor child. No money for an attorney. How fast can we get this done? Do we need an attorney? Can we just file papers and deal with a judge? We are in counseling as is our minor child and grown child. We are doing everything we can for our family and I am taking responsibility for my actions. Just need to get this done.

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Originally Posted by louisianalady

How fast can we get this done? Do we need an attorney? Can we just file papers and deal with a judge? We are in counseling as is our minor child and grown child. We are doing everything we can for our family and I am taking responsibility for my actions. Just need to get this done.

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The Petition for Divorce must declare the appropriate Louisiana grounds upon which the divorce is being sought. The appropriate lawful ground will be that which the parties agree upon and can substantiate, or that which the filing spouse desires to prove to the court. The divorce grounds are as follows:

A divorce will be granted by the court on the following grounds:

No-Fault:
The spouses have lived separate and apart continuously for at least one hundred eighty days (180) prior to the filing.

Fault:
A spouse to a covenant marriage may obtain a judgment of divorce only upon proof of any of the following:
(1) The other spouse has committed adultery.
(2) The other spouse has committed a felony and has been sentenced to death or imprisonment at hard labor.
(3) The other spouse has abandoned the matrimonial domicile for a period of one year and constantly refuses to return.
(4) The other spouse has physically or sexually abused the spouse seeking the divorce or a child of one of the spouses.
(5) The spouses have been living separate and apart continuously without reconciliation for a period of two years.
(6) The spouses have been living separate and apart continuously without reconciliation for a period of one year from the date the judgment of separation from bed and board was signed. (Louisiana Code of Civil Procedure - Article: 103)

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Originally Posted by louisianalady

Do we need an attorney?

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No,if you are in agreement

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Originally Posted by louisianalady

Can we just file papers and deal with a judge?

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Yes,you may file Petition for Divorce and Final Judgment of Divorce.There are other papers you must file,too.Verification, Marital Settlement Agreement, Financial Affidavit, Request for Hearing, and Notice of Hearing.

Louisiana is a "Community Property" state. Community property is all property that was acquired during the marriage. This property will be divided equally (50-50) by the court if the parties are not able to come to an agreement.

Being a community property state, all separate property like gifts, inheritances, and property owned prior to the marriage will remain with each spouse and then all other property will be split equally. The court will take to consider the needs of each spouse when determining how the property is to be split and each spouse has the right to ask the court to be awarded the marital home. When deciding who should be awarded the marital home, the spouse who will have custody of the children is typically the court favorite. When making this decision regarding the marital home, the court will consider the following factors: the value of the spouse's property, the economic needs and circumstances of each spouse; the needs of the children; and also the court will consider on a case-by-case the contributions each spouse made to the acquisition of the community property s well as future earning potential. (Louisiana Code of Civil Procedure - Article: 121)