Divorcing in the Pelican State
Divorcing in the Pelican State
When considering a divorce, it benefits one to know the specific laws of the state in which the divorce will be filed. While there may be similarities in the way divorce is handled from state to state, some of the rules are unique to Louisiana. Below are some of the concepts with which one should be familiar if he or she is seeking a divorce. For specific information, a professional Louisiana divorce/family law attorney should be consulted.
Louisiana Residency Requirements – One of the parties to the divorce must be domiciled (a permanent resident) in Louisiana at the time the petition is filed. There is no specific time one must live in Louisiana to be domiciled here. All that is needed is residence in the state and the intent to live in the state permanently at the time the suit is filed. The divorce may be filed in the parish where either party resides.
Legal Grounds For Divorce – Louisiana is a no fault divorce state. Either spouse may file for divorce on the ground of living separate and apart. People with children under 18 must live separate and apart for one year. People with no children or whose children are over 18 must live separate and apart for six months. In the case of a covenant marriage, at least one of the parties must show that they have either been living apart for more than two years; or that the other spouse committed adultery; or that the other spouse was convicted of a felony and sentenced to imprisonment with hard labor or death; or that the other party has committed child or spousal abuse; or that the other party has abandoned the filing party for a period of one year; or after filing for legal separation, the parties have lived apart for over a year.
Alimony/Spousal Support – In Louisiana, temporary or permanent alimony may be awarded to one of the parties. There are a number of factors that go into determining this including, but not limited to the impact of child custody, the earning capacity of both parties, the age and health of the parties involved, the income and assets of both parties, the duration of the marriage, et cetera. A spouse seeking permanent alimony must prove he/she is not at fault in the breakup of the marriage.
Child Custody/Child Support – Usually the parties are awarded joint custody of the minor children with one party named as the domiciliary parent and the other being granted visitation. In exceptional cases sole custody may be awarded to one of the parties. Both parents have a duty to support their minor children regardless of the custody arrangement. So, the non-custodial parent will generally be required to pay child support to the custodial parent.
The divorce process in Louisiana can differ slightly from parish to parish. If you are seeking a divorce, you should contact a lawyer who is experienced with divorce and family law in the Louisiana court system. Make certain that they practice law in the parish where one of the parties is domiciled, as that is where the divorce needs to be filed..
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