LEGAL CORNER: How long do you have to be separated before you can get a divorce?

Published: Aug. 10, 2022 at 12:08 PM CDT
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Lake Charles, LA (KPLC) - Legal Corner answers viewers’ questions on civil legal matters.

QUESTION: How long do you have to be separated before you can get a divorce? (I’ve been told different things by different people).

ANSWER: If NOT a covenant marriage:

  • CC Art. 103.1 - One year if minor children or 6 months if no minor children.
  • CC Art. 102 – File the petition first, remain separated in the requisite period, then apply for rule for divorce.
  • CC Art. 103 – The separation period has occurred first before filing. The petition cannot be filed until after the separation period has gone by.

Other less often used causes of action for divorce under Civ Code Art 103 include adultery, felony conviction with sentence of death or hard labor, and domestic violence situations

Generally, A civ. 102 divorce is commonly utilized when couples are newly separated. In this situation, the petition for divorce is filed shortly after separation. Matters such as child custody, child support, interim spousal support, temporary use and occupancy of cars and homes and temporary arrangements for payments of debt and so forth addressed while the time period is going by. The marriage does not officially end unit the time period has lapsed a judgment of divorce has been granted. In a Civ. Code Art. 103 divorce, the time periods have already lapsed before any litigation has been filed. CC code 103 divorces are more often utilized when there are no minor children and or when the parties are on their second, third or more mirage.

QUESTION: I have been asked by a real estate lawyer to sign a “quit claim” deed to some property that I don’t own or have anything to do with. Why is my signature needed? Is it a problem for me to sign it?

ANSWER: Quitclaim deed is a deed that purports to convey nothing more than what the grantor owns or may own at the time as opposed to the property itself.

Quit claim deeds are used to clear up title problems. The person signing the quit claim deed is basically saying that I don’t know if own anything or have any rights to the property, but if I do for some reason, then I release those rights, if any, to the recipient named in the quit claim deed. The question, the person asked to sign should be sure that he or she does not own anything and that they are being released of any and all liability.

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