Louisiana Divorce
Information and FAQ
In addition to a No-Fault ground, there are three accepted
grounds for divorce in Louisiana:
(1) The spouses have been living separate and apart for a period
of 6 months or longer; (2) Adultery; (3) Spouse has committed a
felony and has been sentenced to death or imprisonment with hard
labor.
A "No-Fault" divorce may be had if one spouse desires a
divorce. There are no requirements to show marital breakdown, fault,
living separate and apart, or any other basis for a divorce. After
the filing of the petition, the divorce will be granted after a
period of 180 days has elapsed from the filing date and if the
spouses have lived separate and apart since the filing of the
divorce petition.
Venue An action for divorce can be filed in the parish where
either party is domiciled, or in the parish where the spouses last
lived together.
Spousal Support In Louisiana, there are two types of Spousal
Support (sometimes called "Alimony"). (1) Temporary
Support: Awarded to a spouse who does not have sufficient income for
his or her maintenance pending the divorce. The most important
factor considered by the court is the standard of living which
existed during the marriage.
(2) Post-Divorce Spousal Support (a.k.a. "Permanent
Alimony"): Post-Divorce Spousal Support is designed to provide
the needy ex-spouse with the basic necessities of life. Post-Divorce
Spousal Support can be awarded to an ex-spouse who is found to be
free from fault in the breakdown of the marriage and does not have
sufficient means for his or her own support.
The fault of the paying party is not relevant to the issue of
spousal support. However, the receiving spouse must show that he or
she is not at fault. There are no hard statutory rules defining
"fault" for purposes of spousal support-- the
determination is left to the court, based on the authority of
previous cases and some guidance from the civil code.
Other spousal support matters The amount of temporary spousal
support is based on the standard of living maintained before the
divorce. The amount of post-divorce spousal support is based on the
needy party's requirements and the payor's ability to pay. Temporary
spousal support ends when the marriage is officially disolved.
Post-Divorce spousal support ends when the receiving party
remarries, dies, no longer needs the money for basic necessities (ie-
has enough income to cover these), or lives with another person
openly as if they were married. The parties could also agree to a
"lump sum" payment, which would end when the lump sum is
paid off, whether paid all at once or in installments over time,
depending on the specifics of the agreement.
Child Support Louisiana has guidelines for determining the amount
of support that should be provided for one or more children. The
parent who does not have custody of the child will usually be
required to contribute to the support of any minor children. Parents
often agree on the amount of child support. If the parents cannot
agree, the court will use the guidelines in determining the amount.
A table containing the relevant amounts is included wiht your USLF
divorce (with children) package. The guidelines take into account
expenses of the child and the paying parent's income. Items like
private school or day care are decided on a individualized basis.
Child Custody Parents often agree on child custody. If child
custody is an issue, a contested divorce will result (contested
divorces are outside the scope of the USLF divore package). You and
your spouse should try to decide the custody arrangements for the
children and what the visitation schedule should be without the help
of the court. If the parents cannot agree, the court will decide on
custody and visitation. The court will consider the following
factors when making decisons about child custody:
1. The relationship between each parent and the children. 2. The
care or concern undertaken by each parent. 3. The current residence
of the children and the overall effect of changing the residence. 4.
The amount of time each parent can spend with the children. 5. The
emotional and financial stability of each parent. 6. How each parent
treats the other. 7. The expressed desires of the children (though
the child is not allowed to decide, the court makes the final
decision).
Each case is unique, the court will make the ultimate decision in
view of the "best interest of the child".
Division of Property The general rule in Louisiana is that
everything acquired by the spouses during the marriage is owned by
them equally. "Community property" is that which is
acquired during the marriage through the effort, skill or industry
of either spouse, property donated to the spouses jointly and other
property not classified as "separate." "Separate
property" is property owned before marriage, individual gifts
during marriage and inherited property. Separate property is usually
not divisable. If the parties cannot agree on the division of the
property, the court wiull divide the property as equitably as
possible. Though the conduct of the parties can effect the granting
of divorce and custody, the conduct of the parties has NO EFFECT on
property division (unless there are unusual circumstances).
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