frequently asked questions AND answers

Frequently, Atty. Babers is confronted with questions that everyone seems to have at the start and all throughout the pendency of the litigation process. Jeremy Babers is a Divorce Attorney and Family Law Attorney at the Law Office of Jeremy Babers in Shreveport and is best positioned to answer your concerns with precision and accuracy.Now is not the moment to get it wrong! Jeremy Babers is a divorce lawyer you can trust!

1. What type of divorce should I file?

In Louisiana, you can file either a 102 or 103(1) No Fault divorce, commonly known as “irreconcilable differences” in common law states. A 102 Divorce is filed when you have not lived separate and apart from your spouse the required time. A 103 (1) divorce is filed when you have lived separate and apart from your spouse the required time. You may also file a Fault based divorce for adultery, abuse or where one spouse is incarcerated or sentenced for conviction of a felony. *Book your consult today with a divorce attorney at The Law Office of Jeremy  Babers in Shreveport. 

2. Can I file divorce before separating from my spouse? 

Yes. In Louisiana, you can file a 102 No Fault divorce or a Fault based divorce prior to living separate and apart. A 102 divorce, by its nature, anticipates that you have not lived separate and apart from your spouse the required time at filing. A fault based divorce requires no showing of living separate and apart. You cannot file a 103(1) no fault divorce before living separate and apart the required time.*Book your consult today with a divorce attorney at The Law Office of Jeremy  Babers in Shreveport.

3. How long do I need to live separate and apart in Louisiana? 

In Louisiana, to get a final Judgment of divorce in no fault divorce, you MUST live separate and apart prior to the final judgment, 180 days (6 months) if there are no minor children of the marriage; 365 days (1 year) where there are minor children of the marriage. *Book your consult today with a divorce attorney at The Law Office of Jeremy  Babers in Shreveport. 

4. My spouse won’t leave the home, what do I do?

In Louisiana, you can seek exclusive use and occupancy of the home included in your Petition for Divorce (any type of divorce). You will need to show that your stay in the home versus the other spouse is in the best interest of the family (ex: you are also seeking domiciliary status of the minor children and they’ve grown up in the home AND/OR you do not have economic means to find another place to live and the other spouse does, etc.) *Book your consult today with a divorce attorney at The Law Office of Jeremy  Babers in Shreveport.

5. Can I get spousal support?

In Louisiana, there are two (2) concepts of spousal support (alimony): interim (temporary) spousal support and final spousal support. When you file your divorce petition (any type of divorce), you can request both. However, in the beginning, you are only able to demand a hearing on the interim (temporary) support which exists to maintain parties at the standard of living that existed during the marriage. You must prove your need. The other spouse must have the ability. You will need to be prepared to work with Atty. Babers to prepare an Affidavit of Income and Expenses and produce supporting financial documentation. This affidavit is required for both spouses . If you are awarded interim (temporary) spousal support, your spouse must pay you from the first month in which you requested it in your petition, through until six (6) months after your Judgment of Divorce is granted.  *Book your consult today with a divorce attorney at The Law Office of Jeremy  Babers in Shreveport. 

***There are other laws, details and considerations that are important in a proper analysis of your case. Answers listed here are not equivalent to legal advice. Book your consult today with a divorce attorney at The Law Office of Jeremy  Babers in Shreveport.