Legal Question in Family Law in Louisiana
divorce
Is it best to file the petition soon as you sepearate or is it ok to wait 180 days then file? This is contested divorce. Also what right do i have to spousal support.?
2 Answers from Attorneys
Re: divorce
If any issue is contested (child custody & property issues are the most common) file quickly to get interim protective orders and to speed resolving the inevitable.
Issues like spousal support & termination of community property are generally retroactive to the date that they're demanded in court.
Re: divorce
You file right away to get the contested matters before the court as soon as possible. Interim support depends on need, however, usually it is automatic for the woman if she does not have much income. Final spousal support depends on fault and need. Since you asked about the 180 days, I assume the divorce is really not contested. If two contested issues are child custody and child support, then you have minor children and the separation period is 1 year.