Louisiana Divorce Laws
The residency requirements in Louisiana are somewhat stricter than in other states. The petitioner must have lived in the state for at least 12 months. The petition for divorce can be filed in the parish of either party. For a no fault divorce, the parties must have lived apart for a certain period of time, which is longer if there are children in the marriage. In Louisiana, there is a marriage known as a “covenant” marriage. This type of legal union is sometimes based upon religious principles that marriage is the backbone of families and communities.
The couple will undergo premarital counseling and agree to stricter grounds for divorce based upon the belief that marriage is a binding commitment that should not be easy to break. A covenant marriage makes it more difficult to divorce. The grounds for divorce in a covenant marriage are: proof that one partner has committed adultery; the felony conviction of either spouse; abandonment by one spouse; evidence of abuse to the spouse or children; and separate living for a stated period of time without any chance of reconciliation.
After the divorce is final and a Final Judgment of Divorce is granted, either party may request that their name be restored to a maiden or former name.
Louisiana Divorce Laws & Property
Louisiana is a community property state, which means that all marital property will be divided equally between the spouses unless they reach an agreement independent of the court ruling. Community property includes:
property acquired during the legal marriage by either party
property donated to the spouses jointly
or any damages awarded to both spouses
Separate property can sometimes be excluded from the division of community property and may stay with the original owner. Separate property can include: any property acquired before the marriage, property acquired through an inheritance, legacy, or individual donation, or damages paid to an individual spouse.
Louisiana Divorce Laws & Alimony
When awarding spousal support, the court will consider many factors, including: the duration of the marriage and the standard of living established; the age and health of both parties; the financial resources of both parties, including any liquid investments; the income and earning potential of both parties and whether the supported party will need education or vocational training to find employment; any tax consequences of alimony; and the financial obligations of both parties. In general, the alimony amount will not exceed a certain percentage of the supporting spouse’s income to ensure their ability to reasonably support themselves while paying alimony. Spousal support will usually stop if the supported spouse remarries, establishes a relationship with a live-in partner, or if either party dies.
Louisiana Divorce Laws & Child Custody
Parents are encouraged to develop a custody plan. If no such plan can be agreed upon, the court will award custody based upon the best interest of the child. Sole custody may be awarded if there is clear evidence that the other parent would be an inappropriate or harmful custodial to the child. When determining custody, the court will consider:
the relationship of the child with both parents, including the presence of affection, love, and respect
the ability of both parents to raise the child with love and affection
the willingness of the parents to give the child the education and spiritual guidance deemed necessary for that child
the ability of both parents to give the child food, clothing, shelter, and other material goods
the ability of both parents to provide the child with medical and dental care
whether the child should remain in the marital home
the adjustment of the child to their home, school, and community and how custody will affect that
the moral character of both parents as it relates to the child
the wishes of both parents and the child, if the child is mature enough to express an opinion
the geographical distance between the parents
the willingness of both parents to encourage the child’s relationship with the other parent
and the level of responsibility that both parents had for the child during the marriage
Louisiana Divorce Laws & Child Support
Louisiana uses an income shares model to determine the level of financial responsibility each parent has for the child. The incomes of both parents are determined and then the amount of child support is calculated based upon those numbers. Child support can include housing costs, food, education, medical needs including health insurance, clothing, and other material goods for the child. The court will consider any special educational, medical, or emotional needs of the child that will results in higher living costs. Louisiana does not have any provisions requiring parents to support a child during a postsecondary education.
