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Contested Divorce Attorney in Lake Charles, Louisiana

When the Internal Debate Ends and the Litigation Begins

You keep going over it in your head. How do you keep the house? How do you raise your children on one salary? How do you tell them that the life they know is over? You’ve been debating this internally for months while things at home have only turned more sour. You want to talk, but you can’t go to friends or family—and that’s when the isolation sets in. You feel like you’re drowning in your own house.

But here is the reality you aren’t seeing yet: this isn’t just an emotional struggle anymore. It is a litigation. The moment you decide to walk away, you aren’t just leaving a marriage; you are walking into a courtroom where your history is being picked apart for leverage. The system doesn’t care about your internal debate or your sense of isolation—it cares about incomes, schedules, assets, and debts. You can stay in that cycle, or you can pick up the phone and find out what protecting your future actually looks like. I don’t trade in sympathy; I trade in leverage. Let’s stop debating the inevitable and start litigating the outcome.


If you haven’t already spoken to an attorney, you’re already behind. Contact Colonna Law Firm now.


What Makes a Divorce Contested in Louisiana?

A contested divorce in Louisiana is one in which the spouses cannot reach a full agreement on one or more key issues related to the dissolution of their marriage. The divorce itself — the legal ending of the marriage — may be straightforward, but contested proceedings arise when the parties dispute matters such as:

  • Child custody and visitation schedules
  • Child support amounts and obligations
  • Spousal support (alimony) — whether it is owed and in what amount
  • Division of community property and debts
  • Fault-based grounds for divorce

In Louisiana, even when spouses agree that the marriage is over, unresolved disputes on any of these issues can require court intervention. Jacob Colonna represents clients on both sides of contested divorce proceedings — whether you are seeking a fair outcome or defending against unreasonable demands.

Fault vs. No-Fault Divorce in Louisiana

Louisiana recognizes both no-fault and fault-based grounds for divorce, and the distinction matters in contested proceedings.

No-Fault Divorce

The most common path is a no-fault divorce under Louisiana Civil Code Article 102 or 103. The typical way people get divorces in Louisiana is by waiting the required period of time. Article 102 allows filing before the required separation period and requires spouses to live separately for 180 days (no minor children) or 365 days (minor children present) after the petition is filed. Parties can only file a divorce pursuant to Article 103 if the separation period has already elapsed. In both cases, no wrongdoing must be proven — only time apart.

Fault-Based Divorce

Louisiana Civil Code Article 103 allow an immediate divorce — without a waiting period — when a spouse can prove specific fault grounds, including adultery, felony conviction with a sentence of death or hard labor, or physical or sexual abuse of a spouse or child. Fault findings can affect spousal support: under Civil Code Art. 112, a spouse who is at fault in the breakdown of the marriage is barred from receiving final periodic spousal support.

While the law says the divorce is immediate, you still have to file, move for a hearing date, and have a trial to prove your case. I have seen cases where the “immediate” divorce” path would take longer than the regular 102 or 103. This is why hiring the right attorney is so important, not for the case, but for the client.


Key Aspects of a Contested Divorce at the 14th JDC


Child Custody

Louisiana courts apply a best-interest-of-the-child standard under Civil Code Art. 134. Joint custody is presumed (Please see our Article on the new custody laws), but the court weighs each parent’s fitness, the child’s history and stability, and each parent’s willingness to foster the child’s relationship with the other parent. Jacob Colonna helps clients develop parenting plans that are realistic, enforceable, and focused on long-term stability — not just the short-term outcome of a hearing.

Child Support

Louisiana uses an income shares model under La. R.S. 9:315 to calculate child support. Both parents’ gross incomes are combined, and each parent contributes proportionally. The court also factors in childcare costs, health insurance, and extraordinary expenses. Jacob scrutinizes income disclosures and ensures the calculation reflects actual financial circumstances — including cases where a parent may be underreporting income.

Spousal Support

Louisiana recognizes interim spousal support during the divorce proceedings and final periodic spousal support post-divorce. Final support requires the requesting spouse to be free from fault. The court considers financial need, earning capacity, the length of the marriage, and the standard of living during the marriage. Jacob represents both spouses seeking support and those defending against unreasonable claims.

Community Property

Louisiana is a community property state. Assets and debts acquired during the marriage are generally divided equally. Separate property — owned before marriage or received by gift or inheritance — is not subject to division. Disputes often arise over commingled assets, business interests, and retirement accounts. Jacob advises clients on property matters and coordinates with specialist partition attorneys when complex assets require formal valuation and partition proceedings.


What to Expect During a Contested Divorce in Lake Charles

Contested divorce cases at the 14th Judicial District Court in Calcasieu Parish typically move through the following stages:

  • Filing and Service: I file the petition for divorce and ensure proper service on the opposing spouse. If fault grounds are alleged, I gather the necessary supporting documentation from the outset to build the foundation of our case.
  • Interim Orders: We do not wait for the final hearing to protect your interests. Early in the case, I seek interim orders—temporary custody arrangements, interim spousal support, and injunctions protecting community assets—to ensure you are not left without court protection while the litigation is pending.
  • Discovery: In contested cases, both sides have the right to obtain financial records, employment information, and other relevant documentation through discovery. This is where we build the financial picture. Both sides have the right to obtain records, but I use discovery strategically to challenge incomplete or misleading disclosures and to expose the reality behind the opposing party’s claims.
  • Negotiation and Settlement: Most contested divorces settle before trial, but I pursue these negotiations strategically. A negotiated outcome gives you more control than a judge’s ruling. I use mediation, pretrial conferences, and settlement discussions as tools to move the case toward a resolution that protects your future.
  • Trial: When settlement is not an option, I am ready to litigate. I am a trial attorney at the 14th JDC who presents testimony, cross-examines witnesses, and argues your case before the court. You deserve an attorney who is genuinely ready to walk into that courtroom—not one who uses the threat of trial as a hollow bargaining chip.

Why Choose Jacob Colonna for Your Contested Divorce in Lake Charles?

I have practiced exclusively in Southwest Louisiana since 2009. I know the 14th JDC, its judges, and how each division handles contested divorce differently — details that affect strategy from the first filing to the final hearing.

My client reviews — 200+ five-star ratings — reflect an attorney who communicates clearly, sets honest expectations, and fights hard when it counts. Not every contested divorce attorney will tell you the truth about the strength of your case. I will. If your position has weaknesses, you will hear about them from me first — not from a judge. That honesty is what my clients consistently cite in their reviews, and it is the approach that produces the best outcomes over time.

Frequently Asked Questions

What is the difference between a contested and uncontested divorce in Louisiana?

The difference is in how the parties behave, to put it bluntly. An uncontested divorce means the spouses agree on all the terms— the divorce itself and any related issues like custody, support, and property. A divorce becomes contested when they can’t agree on any one of those issues. This requires litigation, negotiation, mediation, and possible court intervention (trial).

How long does a contested divorce take in Louisiana?

Contested divorces in Louisiana typically take 6 to 18 months or longer, depending on the complexity of the disputes, the court’s docket, and whether the parties can reach a settlement before trial. Cases involving business valuation, significant community property, or highly disputed custody tend to take longer.

Does fault affect the outcome of a divorce in Louisiana?

The outcome of the divorce itself is not affected by fault. The speed at which a divorce may be granted may be affected by fault. The major aspect of a divorce that is affected by fault is final spousal support. Civil Code Art. 112 bars the recovery of final spousal support to a spouse determined to be at fault for the dissolution of the marriage.

Can I get temporary orders during a contested divorce in Louisiana?

Absolutely. In fact, there are special laws that even permit very specific temporary restraining orders in a divorce proceeding. During the divorce process, whichever aspect of the case that the parties cannot agree upon will have an interim order in full legal effect that will only expire either with settlement or a trial judgment. These orders will cover temporary custody, temporary spousal support, use of community assets, and injunctions preventing either party from disposing of marital property.

What if my spouse has already hired an attorney?

If your spouse has already hired an attorney, you are officially at a disadvantage. Do not attempt to negotiate this on your own. Ask yourself: Do you know how to draft a motion? Do you understand the scope of discovery, or how to compel records your spouse is hiding?If you can’t answer simple questions like this, you’re not ready to defend your rights and protect your family. If your spouse has retained counsel, contact an attorney immediately.


Last Reviewed: June 2026 | Content reviewed by Jacob Colonna, Attorney at Law


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