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Simplifying Divorce in Louisiana: An Overview of the Process

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Navigating through a divorce can be tough. That’s why we’ve created this page. It’s all about understanding divorce in Louisiana. We want to make things a bit easier for you by sharing key information. Remember, we’ve got more detailed resources and links right here to help you out.

Divorce Laws in Louisiana

Louisiana has its own way of handling divorces. First off, you can file for a no-fault divorce or a fault-based one. For a no-fault divorce, couples need to live apart for a certain period. In Louisiana, it’s 180 days if there are no children from the marriage, and 365 days if there are. As for fault-based divorces, reasons can include adultery or felony conviction. You must live in Louisiana for at least 12 months before filing. Louisiana is unique because it’s a community property state. This means property and debts from the marriage are split 50/50, which is not the case in all states.

Process of Filing for Divorce

To start a divorce in Louisiana, you file a Petition for Divorce in the parish where either spouse lives. You’ll need to fill out some forms. These include the petition and a summons for your spouse. After filing, you must serve the papers to your spouse. This is a key step. You can do this through a sheriff or a private process server. In Louisiana, there’s also an option to file a joint petition if both parties agree on everything.

Child Custody and Support

Louisiana courts focus on the child’s best interests when deciding custody. They look at many things like the child’s relationship with each parent and the parent’s ability to care for the child. Joint custody is common, but not always the rule. Support calculations in Louisiana follow guidelines based on income and the number of kids. There’s a calculator you can use to get an idea of what to expect. Louisiana’s approach is pretty straightforward but always focuses on what’s best for the child.

Alimony/Spousal Support

Alimony, also known as spousal support, is not automatic in Louisiana. The court looks at each case. They consider things like the marriage length, the need of the requesting spouse, and the ability to pay. There are two types: interim and final. Interim is temporary, while final is more long-term.

Property Division

In Louisiana, dividing property in a divorce is based on community property rules. This means most things you got during your marriage are split evenly. This includes property and debts. Louisiana’s approach is pretty direct, but it’s important to understand what counts as community property.

Louisiana Divorce Resources

Ready to learn more? Check out the detailed resources and links we have for you. They include Louisiana family law courts, official government resources, and legal aid groups. They’re great for getting deeper into the specifics of divorce in Louisiana.

Article: How Much Does a Divorce Cost in Louisiana

Louisiana Divorce Forms

Most forms can be found here: https://www.lasc.org/LPOR-Forms

Uncontested Divorce – No Minor Children:

  • Petition for 103 Divorce (Without Minor Children)
  • Writ of Summons and Petition (with Affidavit of Service)
  • Judgment of Divorce (Without Minor Children)
  • Certificate of Divorce

Uncontested Divorce – With Minor Children:

  • Petition for 103 Divorce (With Minor Children)
  • Writ of Summons and Petition (with Affidavit of Service)
  • Joint Custody Plan
  • Child Support Worksheet
  • Judgment of Divorce (With Minor Children)
  • Certificate of Divorce

Other Forms:

  • Financial Disclosure Affidavit
  • Joint Petition for Dissolution of Marriage
  • Motion for Default Judgment
  • Income and Expense Affidavit

Additional Resources:

Disclaimer

Remember, this page is for general guidance. It’s not legal advice. For specific advice, please consult a lawyer.

David Coleman
David Coleman

David Coleman is the Lead Legal Content Analyst, renowned for his ability to simplify complex legal divorce procedures into reader-friendly content. His expertise in legal trends and updates makes him a valuable asset in providing practical guidance. In his free time, David is an enthusiast of jazz music, enjoys experimenting with digital photography, and often volunteers at local community centers