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The spouse filing for divorce must have been a resident of Louisiana for 12 months prior to filing for divorce. The divorce must be filed in the parish of the respondent/defendant, made in writing, signed by the party making it, and registered by the Recorder. [Louisiana Code of Civil Procedure; Article 42].
There are mainly two reasons of divorce in Louisiana those are fault and general. In order to file for divorce in Louisiana, the proper grounds must be established. Both spouses are involved in establishing these grounds, and both must substantiate and agree upon these, unless the divorcing spouse is trying to prove otherwise to the court.
No-fault reasons for divorce in Louisiana include:
That a spouse desires a divorce is a grounds for divorce in Louisiana. There are no requirements to show marital breakdown, fault, living separate and apart, or any other basis for a divorce. After the filing of the petition, the divorce will be granted after a period of 180 days has elapsed from the filing date and if the spouses have lived separate and apart since the filing of the divorce petition. Reconciliation is essentially the only defense to a divorce sought on these grounds. [Louisiana Civil Code Annotated; Title V, Article 102].
General reasons for divorce in Louisiana include, in the case of a covenant marriage:
Joint or sole custody is awarded based on the best interests of the child. The following order of preference is established:
Unless shown otherwise or unless the parents agree otherwise, joint custody is presumed to be in the best interests of the child and will be awarded based on the following factors:
The conduct of the proposed guardian is to be considered only as it bears on his or her relationship with the child. The parents must submit a plan for joint custody which designates:
A parent not granted custody is entitled to visitation rights unless that parent has subjected the child to physical or sexual abuse. The court may order the parents to attend a court-approved parenting seminar. [Louisiana Civil Code Annotated; Articles 131- 134, Louisiana Statutes Annotated; Article 9, Section 306, and Louisiana Case Law].
Louisiana is a “community property” state. A spouse’s separate property, consisting of property acquired prior to the marriage and property acquired by gift or inheritance, is awarded to that spouse. The community property is divided equally between the spouses. Personal property necessary for the safety and well-being of the spouse filing for divorce and any children in his or her custody (including food, eating utensils, clothing, and any other items necessary for their safety and well-being) will be awarded to the spouse filing. Either spouse may ask the court for use and occupancy of the family residence pending the final division of the community property.
The court bases the temporary award of the family residence on the following factors:
In addition, a spouse may be awarded a sum of money for his or her financial contributions made during a marriage to the education or training of a spouse that increased the other spouse’s earning capacity. [Louisiana Civil Code Annotated; Article 121 and Louisiana Statutes Annotated; Article 9, Chapter 384].
During the divorce proceeding, either spouse may be ordered to pay temporary alimony. Permanent periodic alimony may be granted to the spouse who is without fault. Such alimony shall not exceed one-third of the other spouse’s income. The factors considered are:
Permanent alimony may be revoked upon remarriage or cohabitation. [Louisiana Civil Code Annotated; Articles 111 and 112].
Both parents are obligated to support any children of a marriage. The factors for consideration listed in the statute are:
In addition, Louisiana has adopted detailed Child Support Guideline provisions which are contained in the statute. These guidelines are presumed to be correct, unless one of the following factors make the guidelines unjust or not in the best interests of the child:
If child custody is an issue, the court may require that the parents submit to mediation. [Louisiana Civil Code Annotated; Article 131 and Louisiana Revised Statutes Annotated; Article 9, Section 351].START Your Divorce Process Now!
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