Louisiana State Divorce Law

In the state of Louisiana, Petitions for Divorce must be filed in the Judicial District Court of the parish in which the petitioner has resided for at least 12 months.

Louisiana Grounds for Divorce

Louisiana grants divorces that are filed both on a no-fault and fault basis. Louisiana also has provision for a covenant marriage, which make it more difficult to obtain a divorce.

Uncontested Divorce in Louisiana

An uncontested divorce merely means that both parties agree on all the elements of the divorce settlement and are not contesting any elements in court. No-fault guidelines generally apply. However, for an uncontested covenant marriage dissolution, the requirements are slightly different:

• Living separate and apart for at least 2 years after filing
• Adultery
• A felony conviction resulting in death or imprisonment
• Physical or sexual abuse
• Abandonment for at least 1 year

Contested Divorce in Louisiana

Whether filing for a no-fault, fault-based, or covenant marriage dissolution or divorce, if there are elements under dispute concerning the divorce settlement, the divorce becomes a contested divorce and requires more time, expense, and stress to resolve. The parties should call upon experienced divorce attorneys to ensure that they receive the appropriate settlement.

Annulment in Louisiana

In the case of an illegal marriage, either party may file for an annulment. The result of this decree is that in the eyes of the law, the marriage never happened. However, the grounds for an annulment can be difficult to prove:

• Misrepresentation
• Inability or unwillingness to consummate a marriage
• Addiction to drugs
• Mental disability, either partial or permanent

No Fault Divorce in Louisiana

The only requirement for filing a no-fault divorce in Louisiana is that the couple have lived apart and separate for at least 180 days before filing.

Louisiana Fault Divorce

Those who wish to file a fault-based divorce in Louisiana must have one of the following grounds:

• Adultery
• Felony conviction
• Abandonment for 1 year or more
• Physical or sexual abuse
• Living separately for 2 years or more
• Living separately continuously, without reconciliation, for 1 year or more from the date or a legal separation

Louisiana Divorce and Child Custody

Child Custody Laws

Child custody decisions in Louisiana are always decided with the primary goal of ensuring the best interests of the child. However, there are other elements that the courts must consider:

• The relationship of the child to the parents
• The ability of each party to provide love, spiritual guidance, and education
• The ability of each party to provide food, clothing, healthcare, and material necessities
• The stability of the previous home, and how long the child experienced that stability
• The permanence of the family unit in the custodial home
• The moral fitness of the parties
• The mental and physical condition of the parties
• The child’s home, school, and community history
• The wishes of the child, depending on their maturity level
• The ability of each party to encourage a continuing close relationship between the child and the other party
• The proximity of the residences of the parties
• The nature and quality of the previous care of the child

Child Alimony

Louisiana considers it the duty of both parents to contribute to the care and support of their children. The specific elements that the court considers when ordering child support payments include:

• The child’s needs
• The parents’ resources
• The findings of the Child Support Guideline provisions in relation to the parents’ financial standing
• In addition, extraordinary circumstance may cause the court to provide additional levels of support:
• Exceptional medical expenses of the child or parents
• Disability of the custodial parent
• An immediate change in circumstances, requiring temporary or permanent support
• Exceptional community debt of the parents
• The parents’ combined income is lower than in the guideline charts

Louisiana uses the Income Share Model to calculate support estimates, as well as Child Support Worksheets.

Louisiana Divorce Spousal Support

Louisiana courts consider a number of elements when determining the amount, if any, of spousal support:

• The financial needs of all parties
• The income of all parties
• The financial obligations of all parties
• The earning capacity, both current and future, of all parties
• The consequences of any custody arrangements
• The time required for the dependent party to educate or equip themselves and obtain appropriate employment
• The health and age of the parties
• The length of the marriage
• The tax implications of support agreements

Lump Sum Alimony

Determined at the discretion of the court.

Permanent Alimony

Determined at the discretion of the court

Temporary Spousal Support

Determined at the discretion of the court

Rehabilitative Alimony

Determined at the discretion of the court

Military Divorce in Louisiana

Spouses in the military are protected by Louisiana law in several ways:

• Divorce papers must be service to the recipient personally
• If those papers cannot be served personally, the serviceperson cannot be charged with default for failing to respond to a divorce action
• Proceedings may be postponed throughout the party’s service and up to 60 days after
• Direct payment of retirement pay is provided to spouses married 10 years or longer
• Child support is not to exceed 60% of serviceperson’s pay and allowances

Help From A Louisiana Divorce Lawyer?

There are a number of options under Louisiana law for filing a Petition for Divorce, including no-fault, fault-based, and covenant marriage. With those options, someone may need the advice of a competent divorce attorney just to determine the correct route to take, much less to guide them through the legal process to a successful resolution.

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