LOUISIANA DIVORCE LAW
If you are considering a divorce in Louisiana, it is a good idea to conduct some research on the subject prior to taking action. In order to provide guidance, the following sections have been taken from Louisiana divorce law and compiled briefly. Prior to taking any action you should spend time consulting your intentions with a Louisiana divorce attorney to better understand the legal requirements of divorce in Louisiana.
Legal Separation in Louisiana
Louisiana divorce law does not formally recognize a legal separation, however, parties may decide to separate without filing for divorce to give themselves an opportunity to reconcile their differences prior to divorce. Should the parties draft a separation agreement, it may be used at a court's discretion in determining child support, spousal support, or division of property should the parties fail to reconcile their differences and file for a formal divorce. Before drafting and signing any sort of agreement regarding separation contact a Louisiana divorce attorney.
Grounds for Divorce in Louisiana
Louisiana marriage law recognizes two types of marriage: covenant and non-covenant, and depending on what type of marriage a party is in the divorce procedure may differ. Louisiana divorce law provides that parties in a non-covenant marriage may file for a no-fault divorce based on a showing of an irretrievable breakdown of the marriage, and that the parties have been living apart for 180 days. A non-covenant marriage also allows fault based divorce if one spouse has committed adultery, or has been convicted of a felony and sentenced to Death or imprisonment with hard labor. In a covenant marriage, a party must show a cause, and can do so if one spouse has abused the other, the spouses have lived apart for a period of two years, one spouse has committed adultery, or one spouse has been convicted of a felony and sentenced to Death or imprisonment with hard labor. In order to determine if a cause is necessary, consult a Louisiana divorce attorney prior to filing any action.
Divorce Residency Requirements in Louisiana
In order to file for divorce in Louisiana, a party must meet residency requirements as outlined by the Louisiana divorce law. A party meets the residency requirements if they are considered a domicile of Louisiana. Consult a Louisiana divorce attorney if there are any questions about the domicile of the party filing for divorce.
Availability of Simplified or Special Divorce Procedure
Louisiana divorce law does not specifically provide for a simplified procedure for divorce, however, if both parties are in agreement on the divorce, the process may be expedited by one party waiving the time allowed for service and notice of the action.
Annulment in Louisiana
An annulment in Louisiana will serve as a court decree that the marriage is terminated because it was not a legal marriage from the start. There are a number of reasons listed by Louisiana annulment law which can render a marriage void, including violations of marriage such as: one party is married already, the parties are the same sex, the marriage is incestuous, or consent to the marriage is not freely given. Because annulment in Louisiana requires specific conditions, it is important to consult a Louisiana divorce attorney prior to taking action.
Division of Marital Property in Louisiana
Louisiana treats property obtained by a husband and wife as "community property," which means it is jointly owned by each party. Upon termination of the marriage by divorce, the community between husband and wife is considered broken, and the court determines the distribution of property based on factors including economic circumstances of each party, and any misconduct that occurred. Louisiana divorce law also considers contributions to the marital property, including financial or marital contributions made to one spouse's education that leads to an increase in earning power.
Links to Louisiana Divorce Statutes
To Find the Louisiana Codes Below Click HERE.