A legal separation is a court action involving the physical and financial separation of married couples. Separation differs from divorce in that it does not end a marriage. A Louisiana separation attorney can help protect your best interests by ensuring your separation is fair and meets court requirements. Get help for the complex legal process of your separation by reaching out for a free case consultation today.
Louisiana Legal Separation Process
A separation agreement is a legally binding document signed by both spouses. A legal separation involves such matters as the division of assets and addresses issues of child custody.
Because a separation does not end a marriage, spouses may not remarry until they file for divorce and the divorce is final. Separation gives each a break from the marriage and time to decide if a divorce is what they want.
Some couples choose separation because of religious reasons. A divorce is sometimes not an option due to their faith — a separation allows them to live apart but maintain certain benefits of a marriage, like taxes or health care coverage.
Louisiana marriage licenses have an option for a covenant marriage. This option is rare, with only three states: Arizona, Arkansas, and Louisiana. If you’re in a covenant marriage and wish to legally separate, a family law attorney can help you better understand how the process works.
Stephenson, Chavarri, & Dawson, LLC are deeply committed to helping clients through a legal separation. Whether your marriage is its 20th year or second year, we can ensure your separation follows state law requirements.
Understanding Louisiana Covenant Marriage
Couples who marry in Louisiana can choose to enter a covenant marriage. An agreement between two parties to enter such an agreement includes a Declaration of Intent.
The Declaration of Intent involves the following terms:
- An agreement to live as husband and wife forever
- The couple has carefully chosen one another and shared personal information that may affect the marriage.
- An agreement to make all reasonable efforts to save their marriage, including marital counseling
- The couple must receive premarital counseling from a priest, minister, marriage counselor, or similar party.
The next step upon completion of the premarital counseling is the Affidavit and Attestation document. Couples entering into a covenant marriage must complete the following information on a notarized affidavit:
- The serious implications of covenant marriage
- Acknowledge that marriage is a life-long commitment
- An obligation to seek counseling if troubles arise within the marriage
- That they received the Covenant Marriage Act pamphlet published by the Attorney General
The legality of a covenant marriage is a serious matter, making it imperative that you comply with state requirements regarding separation. At Stephenson, Chavarri & Dawson, LLC, our team understands covenant marriage and how it applies to Louisiana law. Let us get to work for you by contacting us today for a free case consultation.
Legal Separation in a Covenant Marriage
When one party seeks to separate from their spouse in a covenant marriage, they must seek counseling. Additionally, the spouse must prove:
- Habitual intemperance, such as drug or alcohol abuse, cruel treatment, or severe ill-treatment by the other spouse
- Adultery by the other spouse
- Commission of a felony by the other spouse and an extensive prison sentence
- Physical or sexual abuse to either the spouse seeking the separation or a child of either spouse
- The couple currently lives apart and has done so for two years.
Legal separation from a spouse under covenant marriage law is a complex process. Separating from a spouse is an emotional and stressful time. It is not the time to tackle Louisiana marriage law on your own. How you protect your best interests now can impact your future, should your marriage end in divorce.
To legally separate, you must provide proof and not mere accusations of the offenses listed above. Gathering such information can take time, and the process is best started as soon as you decide to separate.
Documentation of your counseling is easy to overlook as you focus on proving your spouse’s wrongdoing. However, an essential part of the overall requirements, proof of your counseling, is something you must present to the court for your separation.
Get Help From Stephenson, Chavarri, & Dawson Today
A separation is a serious and emotional process for Louisiana couples. While the legal process does not end your marriage, it does divide what was built together.
We understand the uncertainty you feel at Stephenson, Chavarri, & Dawson LLC as you face this life-changing event. In addition to your separation, you must continue with your daily tasks, such as work, school, and other obligations.
Just as your marriage was a legal act, so it is a separation from your spouse. As a result, significant decisions involving finances and your children occur and can leave you feeling overwhelmed.
Hiring a family law and Louisiana divorce attorney with experience is crucial for the best outcome possible. The team at Stephenson, Chavarri, & Dawson, LLC works hard on behalf of clients who face a separation.
Regardless of whether your case involves a covenant marriage, contacting our team can ease your mind. Reach out today for a free case consultation. The sooner we talk, the faster we can get to work on your behalf.
No one enters marriage expecting it to one day lead to separation and possible divorce. However, if you find yourself at a crossroads in life, let us help you through the legal process of separating assets and issues involving child custody.
Scheduling a free case consultation is easy, simply contact us online or call 504-523-6496 today. We proudly serve New Orleans and the surrounding region. French and Spanish-speaking clients are welcome.
Take your first step toward protecting what you deserve by contacting Stephenson, Chavarri, & Dawson, LLC as soon as possible. Our caring and compassionate team stands ready to assist you through this challenging time.
