Louisiana Divorce Tips
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The complications in a divorce case is the direct result of the complexities in the relationship. To solve these complexities, divorce laws are formed. Louisiana state in the US has its own rules pertaining to the specific divorce cases of the state. As the term suggests, Louisiana divorce tips deals with a set of guidelines necessary for couples separating through the process of divorce in Louisiana.
Some useful Louisiana Divorce Tips:
- It is important to meet residency requirement to file for a divorce otherwise, the court will not accept your case. The Plaintiff, that is, the filing party must be a resident of Louisiana, for a period of at least 1 year prior to filing the case. The case can be filed in the district court in any parish where either the husband or the wife resides.
- According to Louisiana divorce law, a divorce case filed on the basis of 2 grounds: no-fault and fault. In the first case, a divorce is granted only if the spouses have lived separate and apart continuously for a period of at least 6 months before the case is filed
In the second case, a spouse is granted divorce upon proof of any of the following factors:
- Physical or sexual abuse by the other spouse
- Adultery on the part of the other partner
- If the other spouse physically abuses the child of one of the spouses
- The other partner has been sentenced to death or imprisoned at hard labor on account a felony committed by him.
- If the two partners are living separate and apart from each other continuously for a period of 24 months, without reconciliation.
- If the child is to be relocated then the parent relocating the child must guarantee the court reasonable security of the child that confirms that the court-ordered visitation would not be interfered by or interrupted by the relocating party.
- In a contested relocation, the court takes into account the duration, extent of involvement, quality and nature of the child's relation with the relocating parent, non relocating parent, siblings and other individuals significantly involved with the life of the child.
- Any specific residence is referred to as "the principal residence of the child" as per the following rules:
- The residence designated by the court as the primary residence of the child
- If there is no court order regarding this issue, the residence that the divorcing partners have expressly acceded to as to where the child would primarily reside
- If there is no court order and no express agreement, the residence where the child has stayed for a majority of time during the past 6 months
- Although a specific parent is not the custodial or domiciliary parent of the child, this parent has access to the records and information related to a minor child, inclusive of school, dental and medical records. Even if there is any provision of law contrary to this rule, access is not denied.
- Louisiana divorce tips also focus on visitation rights. If an individual intentionally obstructs visitation time in such a way that R.S. 9:346 is violated on one or more occasions, it is considered that this individual is in violation of parenting interference.
- Some of the factors considered by the court in determining the best interest of the child are as follows:
- If the interests of the child and the parent(s) or of a third party are in conflict
- Is there a possibility that neither parent has the potential to offer adequate and stable ambiance for the child?
- Can the lawyer, who represents the child, disclose some important data, pertaining to the child, in the court and this data is otherwise not likely to be presented in the court or not readily available in the court?
- Is the child custody or visitation proceeding extremely intense or prolonged?
- In Joint Custody, there is an obligation on the parents to exchange information pertaining to the welfare, education and health of the child and discuss with each other while making decisions.
- The mediator advises both the parties that have taken part in a mediation to submit any agreement reached during the mediation to their respective lawyers for review before the parties put down their signatures on the agreement.
- In case of a custody or visitation proceeding, the court might issue orders of evaluation of the child or parties involved. The court or the parties can select a mental health professional for such an evaluation. The expenses of this evaluation may be delivered by the court against any one party or both parties as may seem equitable.
Every divorce case is different from the other. So, to understand the complexities of your case, you must go through the Louisiana divorce tips and decide which aspects are the most important in your case and therefore, needs more attention.