Divorce in Lake Charles: What to Expect
Fontenot Law is a Lake Charles family law firm representing clients in contested and uncontested divorce proceedings throughout Calcasieu Parish and the Fourteenth Judicial District Court. Louisiana divorce law is shaped by the state's Civil Code and community property system — both of which differ significantly from most other states. Understanding those rules before you file makes a meaningful difference in how your case unfolds.
Louisiana requires spouses to live separate and apart before a final divorce can be granted — 180 days if there are no minor children, 365 days if there are. These periods run from the date of actual separation, not the date of filing. In many cases, parties have already been separated long enough that this requirement is met by the time the case moves forward.
Louisiana also recognizes covenant marriage — a voluntary alternative to standard marriage that requires premarital counseling and can only be dissolved on specific fault grounds, including adultery, felony conviction, abandonment, physical or sexual abuse, or living separate and apart for two years. Covenant marriage divorces follow a different process and require different legal strategy than standard divorces. If you are unsure which type of marriage you have, your marriage certificate and any premarital counseling documentation will clarify it.
Contested vs. Uncontested Divorce in Calcasieu Parish
The most important early decision in a Louisiana divorce is whether the case will be contested or uncontested. That determination drives the timeline, the cost, and the process.
Uncontested Divorce
Both spouses agree on all major issues — property division, child custody, child support, and spousal support. These cases move significantly faster and cost less than contested proceedings. With proper documentation and cooperation, an uncontested divorce in Lake Charles can be finalized in as little as 90 to 120 days from the date the separation period requirement is satisfied. Our firm drafts the settlement agreement, handles all filings, and guides the case to final judgment.
Contested Divorce
At least one issue is disputed — commonly property division, custody, spousal support, or the value of a business interest. Contested cases involve discovery, negotiation, possible mediation, and potentially a trial before a Fourteenth Judicial District Court judge. These cases take longer — typically six months to two years — and require more comprehensive preparation and advocacy. Our firm handles the full range of contested divorce matters in Calcasieu Parish.
Interim Relief
While a divorce is pending, a court can enter interim orders covering temporary custody and visitation, temporary child support, and temporary use of the family home or vehicles. These temporary orders can significantly affect the trajectory of the case. Moving quickly for appropriate interim relief when circumstances warrant it is an important part of effective divorce representation in Lake Charles.
Community Property Division in Louisiana
Louisiana is one of only nine community property states in the country. Under Louisiana law, property and debts acquired during the marriage are generally owned equally by both spouses — regardless of whose name is on the account, the title, or the deed. When the marriage ends, that community must be identified, valued, and divided, either by agreement or through litigation called a community property partition.
Community property typically includes income earned during the marriage, real estate purchased during the marriage, retirement accounts accrued during the marriage, and business interests developed after the wedding date. Separate property — meaning assets owned before marriage or received as a gift or inheritance — is not subject to division. The distinction is not always clear, and disputes over classification are among the most common issues in Calcasieu Parish divorce proceedings.
Complex community estates involving business valuations, mixed separate and community property, or offshore and pension accounts benefit most from experienced representation. Our firm works with financial professionals when necessary to establish accurate valuations and protect our clients' share of the marital estate.
Louisiana's community property rules are governed by the Louisiana Civil Code, Title VI (Matrimonial Regimes). The Louisiana State Bar Association maintains a lawyer referral service for those seeking family law counsel.
Spousal Support in Lake Charles Divorces
Louisiana recognizes two types of spousal support: interim spousal support, which is paid while the divorce is pending, and final periodic support, which may be awarded after the divorce is final. Louisiana law changed significantly in 2018 — the current standard for final support considers each spouse's financial circumstances, the length of the marriage, the needs of each party, and whether one spouse was at fault in causing the breakdown of the marriage.
Spousal support is not automatic. It must be specifically requested and proven. Our firm advises clients on both sides of spousal support questions — whether seeking it or defending against a claim — with realistic expectations about what Calcasieu Parish courts typically award based on the specific financial circumstances of the marriage.
What Clients Say
Best attorney in town! He helped me through my divorce, custody, and adoption and made a stressful process so much easier. I am extremely thankful for everything he did. You won't get anyone better.
Professional, courteous, and works hard for clients. We used this firm for child custody, divorce, and intrafamily adoption. All cases were handled respectfully — we could not have had better outcomes.
Frequently Asked Questions
An uncontested divorce in Louisiana typically takes 90 to 180 days from filing once the separation period is satisfied. A contested divorce with disputed issues can take one to two years or longer depending on complexity and court scheduling in Calcasieu Parish. Louisiana also requires a living-separate-and-apart period — 180 days without minor children, 365 days with — before a final divorce can be granted.
Community property in Louisiana includes most assets and debts acquired during the marriage, regardless of whose name is on the title or account. This includes income, real estate, retirement accounts, and business interests. Separate property — assets owned before the marriage or received as a gift or inheritance — is not subject to division. When couples disagree about what is community versus separate property, courts apply Louisiana Civil Code rules to resolve the dispute.
Louisiana courts consider each spouse's income, earning capacity, the length of the marriage, financial obligations, and fault in the breakdown of the marriage when determining final spousal support. Interim support during the case is calculated differently, primarily based on the needs of the requesting spouse and the other spouse's ability to pay. Spousal support is not awarded automatically — it must be specifically requested and supported by evidence.
An uncontested divorce where both parties agree on all issues can often be handled with minimal court appearances. In some cases, the final judgment is entered based on submitted documents without a hearing. However, at least one filing in Calcasieu Parish district court is required to obtain a legal divorce. An attorney handles all filings and ensures the process moves correctly without unnecessary delays or court appearances.
The family home is community property if purchased during the marriage. In a divorce, it can be sold with proceeds divided, awarded to one spouse who buys out the other's interest, or allocated through a formal community property partition if the parties cannot agree. Interim orders can address who lives in the home while the divorce is pending. Courts weigh the needs of any children and the practical circumstances of each spouse when making these determinations.