Divorce Laws in Louisiana

Louisiana Divorce Laws

When it comes to divorce, Louisiana follows a conservative approach with both no-fault and fault grounds for granting divorce. Although the divorce rate in Louisiana is higher than the marriage rate, according to current statistics, the divorce rate is 0.38% per capita per year.

Residency Requirements

In order to file for divorce in Louisiana, 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.

No-Fault Divorce

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.

Covenant Marriage

Another type of marriage that is recognized in Louisiana is a “covenant” marriage. This type of legal union is sometimes based upon religious principles and creates stricter grounds for divorce based upon the belief that marriage is a binding commitment that should not be easy to break. The grounds for divorce in a covenant marriage are: proof of adultery, felony conviction of either spouse, abandonment, evidence of abuse, and separate living for a stated period of time without any chance of reconciliation.

Name Restoration

Once 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.

Community & Separate Property

Divorce is never an easy process, but if you are going through a divorce in Louisiana, understanding the state’s laws on community and separate property is essential. Louisiana is a community property state, meaning that all marital property will be divided equally between spouses unless they reach an agreement outside of court.

What is Community Property?

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

What is Separate Property?

Separate property can sometimes be excluded from the division of community property and stay with the original owner. Examples of separate properties include:

• any property acquired before the marriage
• property acquired through an inheritance, legacy, or individual donation
• damages paid to an individual spouse

Louisiana Divorce Laws & Alimony

If you are looking to receive alimony in Louisiana, the court will consider a variety of 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 any tax consequences of alimony. The court will also consider 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 end if the supported spouse remarries, establishes a relationship with a live-in partner, or if either party dies.

Divorce and Child Custody in Louisiana

Divorce is never easy, especially when it comes to making decisions about child custody. In Louisiana, parents are encouraged to come up with a custody plan that works for both of them and their child. In the event that they cannot reach an agreement, the court will make a decision based on what they believe is in the best interest of 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

Child Support in Louisiana

When it comes to financial responsibility for the child, Louisiana uses an income shares model to determine the amount of child support that each parent pays. This number is calculated based on the incomes of both parents. Child support may include housing costs, food, education, medical needs including health insurance, clothing, and other material goods for the child. The court will take into consideration any special educational, medical, or emotional needs of the child and adjust the support accordingly. Unfortunately, Louisiana does not have any provisions requiring parents to support a child during postsecondary education.

Divorce in Louisiana: Frequently Asked Questions

Getting a divorce in Louisiana can be a daunting process. Knowing the answers to some of the most frequently asked questions can make the process a bit easier. Let’s take a look at some of the basics you should know.

How long must I be a resident of the State of Louisiana before gaining eligibility to file for divorce?

You must be a resident of the State of Louisiana for either 180 days or 6 months (whichever is longer) before being eligible for filing divorce.

Can I divorce my spouse even if my spouse doesn’t live in Louisiana?

Yes, you can still file for divorce.

Is Louisiana a No-Fault State?

Yes, Louisiana is a no fault State.

How quickly can I be rid of my marriage?

Divorces are never quick and painless. Marriages can be quick but, divorces are really slow. Most divorces take up to a few months. While other divorces drag on for years due to complex disputes. So, it’s best to prepare for the possibility of a lengthy process.

Is there any court filing fee for divorce in the State of Louisiana?

Yes, there is a court filing fee for divorce in the State of Louisiana that varies from county to county.

How do Louisiana divorce lawyers charge their clients?

Most Louisiana divorce lawyers charge by the hour. There are some Louisiana divorce lawyers that charge a predetermined fee.

How much can my divorce cost me?

According to national statistics, the average cost of a divorce is $18,000. It’s important to consider that cost when deciding to move forward with a divorce.

Can I represent myself in court?

It is your legal right to represent yourself in court. However, I strongly advise against it since, the divorce process requires the services of a seasoned Louisiana divorce lawyer who can represent you and your interests better.

Can’t we hire one Louisiana divorce lawyer to represent us in the court of law in Louisiana?

No, each spouse is required by the Louisiana divorce law to be represented separately.

Does the State of Louisiana legally recognize a common law marriage?

No, the State of Louisiana doesn’t legally recognize common law marriages.