Louisiana Divorce Laws

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Louisiana state government has formulated its own divorce laws that states the legal requirements of a divorce in detail. These explanations are mentioned in the form of statues that are to be followed by every petitioner for divorce in Louisiana. The residency requirement of divorce in Louisiana is of one year. The person applying for a divorce in any parish has to prove the residency of at least one year prior to the application. Otherwise, the application would not be entertained by the court. Other important provisions are explained as below.

Louisiana Divorce Laws related to custody of child

In case the parents are in complete agreement regarding a child custody plan, such an agreement is accepted by the Court unless the best interests of the minor children not fulfilled. If there is no such agreement or the agreement is not in the best interests of the child, then the Court awards joint custody to the parents. If there is sufficient proof that the best interests of the child is served by custody with one particular parent, then the Court awards custody to that parent. To determine what suits the child best, the Court contemplates the following factors -

• The responsibility shown by the parents in upbringing the child in some past years
• How many miles apart would both partners reside after getting separated
• The capacity and readiness of each partner to promote a good level of relation between the child and other parent
• If the Court thinks that the child is mature enough to make a choice , then the concerned choice made by the child
• The history of the child in society school and home
• The state of mind and health of the spouses
• The moral stand of the spouses with respect to the welfare of the child
• Whether the mentioned or current residences are permanent ones
• The time period for which the child has stayed in an adequate and stable ambience and the desire to keep the same atmosphere
• The nature and ability of each partner to offer the child medical care, clothing, food and other material needs
• The nature and ability of each partner to offer spiritual support, love and care to the child and to carry on with the rearing and education of the child
• The emotional bonding, love between the child and each partner
• The current conditions between parents and the degree of understanding between them

Louisiana Divorce Laws regarding Spousal Support

The Court may order one partner to offer alimony to the partner requesting support if the partner who is requesting support is in need of support and not at fault. The capacity of the partner, who would offer support is also taken into account. To finalize the amount and duration of support, the Court is guided by the following issues -

• The period essential for the partner requesting support to attain sufficient education, training or employment
• How the earning ability of a partner is effected by child custody
• The earning abilities of both the partners
• The economical obligations of both the partners
• The money awarded to the partner should not be more than one-third of the obligor's gross income
• The effects of tax on both partners
• The period of marital life
• The age and health of the partners

The responsibility of spousal support ceases in the following events -

• Death of either partners
• Remarriage of the supported partner
• A judicial determination stating that the supported partner has resided with another individual of either sex in a way identical to married individuals

Louisiana divorce laws regarding the Property Distribution

If the property division is decided mutually between the partners, the agreement is approved by the court after ensuring that both parties are justifiably treated while making the provisions. Otherwise the court takes the responsibility of dividing the assets. The property that is considered as the marital property consists of all the assets earned by the collective efforts of both partners during the period of being married. The property distribution is carried on the basis of community property principle, ie., , assets are to be divided equally between the partners. Such division is done on the basis of disclosure of the documents done by the parties.

So, this is a general view of the divorce laws in Louisiana. It is important to understand the procedures and requirements mentioned in these laws, as that would make a divorce process much easier.

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