When a couple decides to end their marriage, understanding the legal options available to them can make the process smoother and less stressful. In Louisiana, couples have a unique option known as a 102 divorce. This type of divorce is specifically designed for couples who have been living separately for a certain period and wish to end their marriage amicably.
When should a Louisiana couple consider exploring a 102 divorce?
What is a 102 divorce?
This type of divorce borrows its name from Article 102 of the Louisiana Civil Code. It is essentially a type of no-fault divorce in which spouses don’t have to prove their partners’ wrongdoings to file for divorce. Since couples don’t have to assign blame to end their marriage, this type of divorce is less contentious compared to a conventional fault-based divorce.
Who qualifies for a 102 divorce?
This type of divorce can be particularly beneficial for couples who want to maintain a cordial co-parenting relationship post-divorce. It’s also appealing to couples who want to end their marriage privately and discreetly. Unlike traditional fault-based divorce, this alternative does not require public disclosure of personal issues.
Couples should know that they should meet specific criteria to qualify for a 102 divorce. First, the couple must have lived separately and apart for six months without occasionally moving back together. Additionally, the separation must be voluntary and not due to circumstances such as imprisonment or military deployment.
Couples who are considering a 102 divorce in Louisiana can benefit from pursuing hands-on legal guidance before, during and after their divorce. The right legal guidance can help ensure they enjoy the privacy and discretion they desire from exploring this type of divorce.