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Things To Know About Divorce in Louisiana

Divorce In Louisiana 1

About Divorce in Louisiana, USA

There is no question that divorce is a difficult and sometimes confusing process, but understanding how to make your way through it as someone residing in or subject to Louisiana law makes the landscape easier. Louisiana is unique in many ways, and divorce is no exception.

Navigating the divorce process is difficult, and it can be a bit more challenging in Louisiana because of its unique legal environment. Several things set divorce in Louisiana apart from other states of the USA, from its popular community property laws to its specific procedure. Below is a complete overview of the applicable laws regarding divorce in Louisiana (the Pelican State).

Key Features of Louisiana Family Law

Like all states, the state of Louisiana is under its own set of laws. There are also some features of Family Law that vary from state to state This information is crucial to understand Louisiana Family Law and Divorce Procedure.

Community Property Laws

One of the biggest differences in family law from one state to another is how they handle issues surrounding divorce, and Louisiana offers a good example because it ensures dividing property according to community principles. Community Property StateLouisiana is one of only a handful of states in the nation that adheres to what we call community property principles. This is important because this means that unless proven otherwise, all assets and debts obtained during the marriage usually end up as joint property between both spouses.

In a divorce, unless otherwise agreed through the parties’ prenuptial agreement or determined by the court based on grounds for an inequitable distribution (e. g., one spouse is at fault in breaking up marriage), community property will be divided evenly between spouses. This is unlike what equitable distribution states do, where assets are not equally but fairly divided.

No-Fault Divorce in Louisiana

Louisiana is a fault and no-fault state. It should be mentioned though that the no-fault divorce choice in Louisiana requires a period of dwelling individually while apart from your spouse. Two spouses must have been living apart from one another true to irreconcilability without cohabitation for 180 days where there are no minor children or not less than 1 year where the parties do child(ren). The couple will be required to remain separate and apart for a period of time that is longer than the separation periods in many other states, which can be as little as six months.

Spousal Support and Divorce in Louisiana

Louisiana follows th Traditional Support Model , Based on Need and Capacity To Pay Spousal support or alimony in Louisiana is financial assistance provided by one spouse to another . Alimony in Louisiana is based on numerous factors beyond just the length of your marriage : The working capacity of both spouses, standard living during the marriage, and each party’s age and health .

Child Custody and Support :

Louisiana courts consider th best interests of the child when it comes to child custody arrangements . A joint custody arrangement is the preference of many family law judges , but it can also be easily disrupted or even denied . The court takes into account factors like the relationship of the child with both parents, stability parent’s home environment and whatever preferences a child has when it comes to his/her living arrangements should they be old enough to express themselves.

In Louisiana, child support is calculated using the income shares model that considers both parents’ incomes and the number of children requiring financial assistance. However, this is not the same in every state as each states has their own formula and figures they set forth to calculate child support.

List of Recommended Divorce Lawyers in Louisiana :

You can consider the “Lawyer links” below , to access the profiles , including office addresses, phone numbers, and e-mail addresses, of ranked divorce lawyers in Louisiana :