Divorce Guide to Louisiana

Divorce Guide to Louisiana

A woman's guide to getting a divorce in Louisiana

Posted to Resources by First Wives World on Sat, 07/10/2010 - 12:33am

LOUISIANA DIVORCE LAWS:

The Residency Requirement: The party filing the complaint must have lived in Louisiana for six months.

Grounds:
No Fault: Living separately for 180 days after petition. No fault rules apply except with a covenant marriage
Fault: A covenant marriage can be ended only upon proof of: Adultery; The conviction of a felony with a death sentence of imprisonment at hard labor; Abandoning the domicile for one year and refuses to return; physical or sexual abuse of a spouse or a child of a spouse; Living separately and apart for a period of two years, or one year after a judgment of separation from bed and board was signed.

Property Division: Louisiana is a community-property state. Any property acquired by either party during the marriage is divided equally at divorce (click the following for a overview and key tips on dividing up property through divorce).

Alimony: The court can, but usually does not, award alimony in an amount up to one-third of the supporting party’s income. Alimony is based on the needs of the party.

Child Custody and Child Support: As in all states, child custody is awarded based on “the best interests of the child.” The court will award custody in accordance with the parents’ agreement, unless the best interests of the child require otherwise. The court will award joint custody, unless custody by one parent is shown by clear and convincing evidence to serve the child’s best interests. Factors for determining the child’s best interests include a stable environment and the primary caretaker preference (click the following for an overview and list of articles on child custody and child support).

Louisiana child-support guidelines are based on an income-shares model: the total obligation is divided between the mother and father according to their incomes.

For a combined adjusted gross monthly income of:

• $2,000, support for one child is $337; for two children, $522; for three children, $655.
• $5,000, support for one child is $695; for two children, $1,079; for three children, $1,349.
• $10,000, support for one child is $1,088; for two children, $1,613; for three children, $1,952.

 

Disclaimer: The information supplied above is for "educational purposes only" and is not intended to be used as legal advice.