Legal Corner: How long does a divorce take?

LAKE CHARLES, La. (KPLC) - Legal Corner answers viewers’ civil legal questions.

QUESTION: I am an honorably discharged veteran, and I am allowed to conceal carry without a permit or license. Do I have to disclose that I am carrying during a traffic stop just as the permitted or licensed carriers do?

ANSWER: Yes, the dishonorably discharged veteran must disclose during a traffic stop that he is carrying if he is carrying at the time of the stop.

Louisiana law requires that anyone carrying a concealed weapon must inform law enforcement if they are approached by an officer. This includes veterans who are carrying a concealed weapon without a permit. Twelve states and the District of Columbia require one to immediately inform law enforcement upon contact if he/she is carrying a concealed weapon.

At all times that a person is in possession of a concealed handgun pursuant to La. R.S. 40:1379.3(B)(2), that person shall have on his person proof that he meets the qualifications of Subparagraph (a) of this Paragraph demonstrated by one of the following:

1. A valid military identification card.

2. A valid driver’s license issued by the state of Louisiana displaying the word “Veteran” pursuant to La.R.S. 32:412(K).

3. A valid special identification card issued by the state of Louisiana displaying the word “Veteran” pursuant to La.R.S. 40:1321(K).

4. For a member released from service who does not qualify to have the word “Veteran” displayed on a state issued driver’s license or special identification card, a Department of Defense Form 214 (DD-214) indicating the character of service as “Honorable” or “Under Honorable Conditions (General)” and a valid driver’s license or special identification card issued by the state of Louisiana.

QUESTION: My husband and I do not have covenant marriage, and I contemplating a divorce. Please tell me how long it usually takes to get a divorce.

ANSWER: Note: This answer is based upon the marriage at issue, not being a covenant marriage.

There are two types of divorces, a 102 and a 103. Once can either file at the beginning of the separation (102 divorce), or one can file once the time period required by law has ended (103 divorce).

A no-fault divorce can be granted in Louisiana if the spouses have lived separate and apart for at least 180 days and do not have minor children from the marriage. Couples with minor children from their marriage are required to live separate and apart for a continuous period of 365 days before a court will grant a divorce.

If a fault-based divorce is sought, then there is no waiting period for physical separation as with the no-fault divorce. Fault-based divorce can be filed if:

1. Spouse has committed adultery;

2. Spouse has been convicted of a felony and sentenced to death or hard labor;

3. Spouse has abused other spouse or child; or

4. The court issued a restraining order against spouse

QUESTION: Can I file a personal injury lawsuit at Lake Charles City Court?

ANSWER: Yes, personal injury lawsuits can be filed at Lake Charles City Court.

The jurisdictional limit the court is $50,000.00. Therefore, if the damages sought are $50,000.00 or less, then a lawsuit can be filed at Lake Charles City Court.