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Laws & Courts:
Louisiana Law - Use the Louisiana Laws Search feature and enter "Marriage and Divorce." Louisiana Judicial Information: - hierarchical listing of the judiciary branch on a "clickable" map with links to the various branches and their respective decision databases. Judge biographies and other information are also available.
Louisiana Child Support
Child Support Profile - profile the state's child support laws. Easy to use table layout includes information on UIFSA, reciprocity, age of majority (emancipation), statute of limitations, income withholding,
paternity, support order establishment, support enforcement, modification and review/adjustment. From the the Federal Office of Child Support Enforcement's "Interstate Roster and Referral Guide." Child Support Enforcement Division - child support forms and worksheets, information on the division's programs and services. From the Louisiana Department of Social Services.
Additional Resources:
Louisiana State Bar - consumer information pamphlets, TEL-LAW (recorded telephone legal info), and other news and information from the LSBA. Children's Rights Council - national nonprofit organization based in Washington, DC that works to assure children meaningful and continuing contact with both their parents and extended family regardless of the parents' marital status. The New Orleans Men's Center - a non-profit group that provides a meeting place for men to explore their relationships with themselves, each other, their families, significant others, and their communities. Meetings are held twice a month, with two retreats annually for men. Group also sponsors other educational and enrichment experiences, some of which are also open to women.
E-mail: nomc2@webtv.net.
Legal overview Divorce in Louisiana requires that you are a resident of the state. There are four grounds upon which to obtain a divorce in Louisiana: Living separate and apart after filing the petition, living apart before filing the petition, adultery, and commission of a felony. Read our detailed legal summary of Louisiana including grounds, residency, child custody, child support, alimony, mediation, property, settlement agreements, and annulments.
Residency
If you seek to file a divorce in Louisiana, it is important to be aware of the residency requirements prior to filing for your divorce. In order to file for divorce you must be a resident of Louisiana. The papers for dissolution of marriage must also be filed in a parish where either of the spouses resides, or the parish of the last place the couple lived together.
Grounds
There are four grounds upon which a divorce in Louisiana can be obtained.
Living separate and apart after filing of petition.
Once a petition for divorce is filed, if the parties remain separate and apart without reconciliation, either spouse may ask the court for a divorce 180 days after the petition for divorce was served or a written waiver of service was filed in the record.
The 180-day waiting period requirement cannot be waived. The action can be defeated if the parties reconcile _ resume living together with a mutual intent to resume the marriage at any time during the waiting period. Certain procedural formalities are required.
Living separate and apart before filing of petition.
If the spouses have lived separate and apart, continuously and without reconciliation, for six months or more, either spouse may file a petition for divorce.
The other spouse commits adultery.
Adultery on the part of the other spouse is grounds for an immediate divorce; there is no required waiting period. The burden of proof is on the party alleging the adultery and is very strict. Corroborative testimony is normally required and it must be proven that the other spouse engaged in sexual relations with another person.
Conviction of a felony.
If the other spouse has committed a felony and has been sentenced to death or imprisonment at hard labor, a petition for divorce can be filed. The facts of conviction and sentencing are the only proof requirements; appeals and actual serving of the sentence are immaterial.
Mediation
After a motion for divorce is filed a judge may determine that there is a chance of reconciliation and may order mandatory mediation for the spouses. Also one of the spouses may tell the court they think things can be worked out and may ask the court to have a hearing to see if the marriage is truly irretrievable. If the court concludes that there is a chance for the marriage to be repaired and there are minor children, the court may delay the proceedings for an attempt at reconciliation.
Annulments
Unlike a divorce that dissolves a valid marriage, an annulment is a legal decree that a marriage is void. In addition, an annulment proceeding can resolve some of the same issues that would be the subject of a divorce proceeding, such as child custody and support and alimony. Annulments are granted only in limited situations and cannot be granted merely because the marriage is of short duration. They are normally not granted for "religious" reasons.
Property
Louisiana is a community property state. Each party is presumed to have a one-half interest in property, both real (land) and personal (stocks, bank accounts, bonds, etc.) acquired during marriage. The law requires both parties to make a complete disclosure of all assets and to account for any assets disposed of during the separation. Property acquired after separation and before divorce is also community property.
Property owned prior to marriage, inherited during the marriage, or received by gift during marriage is not community property but separate property.
The division of personal property (personal effects) is subject to great misunderstanding and disagreement. Each party is entitled to his or her own personal belongings such as clothing, jewelry and personal effects. When you believe the separation is going to be permanent, it is wise to have the personal property divided and exchanged. Failure to do so may lead to misunderstandings over destroyed, damaged or misplaced items.
Both husband and wife are liable for community debts incurred during the marriage by the community. A community debt may be incurred with the signature of only ONE of the spouses. A separate debt is formed during marriage when the creditor has actual knowledge before the transaction that the debt is a separate debt.
The parties may agree as to the allocation of responsibility for the debts or the court will allocate them in accordance with law. However, creditors may not be bound by the parties' or courts' allocation of responsibility, and may choose to attempt to seek payment from the former spouse in event of default. You should supply your attorney with a complete and accurate list of all obligations.
Alimony
Due to increasing changes in the law and in society, including changes in sexual equality, this area of the law of divorce is in the process of great change. Under recent changes in the law, the fault of a spouse in causing a divorce may not be a complete bar to obtaining spousal support, but the cause of separation will be a factor that the court will consider in determining whether or not to award spousal support. Spousal support, when awarded, may be periodic and/or in a lump sum, the amount of which depends upon such factors as the respective ages, assets and earning potential of the parties and the duration and history during the marriage. Spouse support is not awarded to punish a guilty spouse but rather is to lessen the financial impact of divorce on the other spouse.
Child Custody
This is the most crucial issue in most divorces. In determining the custody of minor (under eighteen) children, the court is guided by one standard--the best interests of the child. Custody will not be given to a parent as a reward or as punishment to the guilty parent but rather to the one most adaptable to the task of caring for the child and able to control and direct the child.
Other factors considered may include the age of the parent and child, the physical and mental condition of the parent and child, the relationship existing between each parent and each child, the needs of the child, the role played by each parent in the upbringing and caring for the child, the home where the child will live and the child's wishes if the child is of sufficient age, intelligence and maturity to make such a decision. Custody may be changed if there is a marital change in circumstances.
The court will normally set visitation rights if the parents cannot voluntarily agree upon satisfactory arrangements. An important factor to the court in most custody cases is which parent will be the most likely to see to it that the non-custodial parent remains a strong part of the child or children's lives.
Child Support
Normally the party not having custody will be called upon to contribute to the support of the minor child. This could be an obligation of the mother as well as the father, or both, if a third person has custody of the child. The court is guided by the needs of the child and the ability of the supporting parent or parents to pay. The use of the state Child Support Guidelines provides an amount of child support that is presumed to be correct, but the court may deviate from these guidelines in appropriate circumstances. The award is subject to change so long as the obligation to support remains. It may be increased or decreased if a material change occurs in the circumstances of either or both of the parents of the child.
Settlement Agreement
A settlement agreement is a written contract between the parties that sets forth their rights, duties and obligations that arise out of their separation and divorce and may include such things as the division of their property, spousal support, attorney's fees, custody of their children and child support. Such agreements are encouraged since they may amicably settle the rights of the husband and wife in the estate and property of the other.
