Louisiana No Fault Divorce

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In early times, divorce was considered to be a highly complicated process due to several legal formalities associated with it. However, now it has become a lot easier to end the marriage with the help of a no fault case. Such case is comparatively a less complicated and lesser time consuming legal procedure. This legal process is now accepted by almost every state in the US. Similarly, the Louisiana no fault divorce can take place keeping in mind the definite laws and rights defined for this state. In most of the legal cases, a spouse definitely files a complaint against the other partner while filing the case. However, during no fault cases, no such blame game actually occurs as both the parties wish to end up on a happy note. The Louisiana no fault divorce also allows a single spouse to obtain separation even if the other partner is not in favor of terminating the marriage. Therefore, the presence of both the spouses is not a necessary requirement during the process of filing a petition. Later, once the divorcing partner has been served with the petition, there is no need to answer it. Second most important task is to file a motion in the court in order to obtain the final judgment.

Grounds for Louisiana no fault divorce

Before filing a no fault case in the state like Louisiana, either of two partners must site the reason of "irreconcilable differences" when filing the petition Such grounds are directly taken into consideration for granting no fault divorce.

Residency requirements of Louisiana No Fault Divorce

• One of the divorcing partners must be residing in this state for at least one year prior to the filing date.
• The case may be filed in the place where the couple last resided or either of two partners is domiciled.
• A duration of 180 days should be passed as a waiting period, after the date when the petition was served.

The issue of child support

This state has developed child support guidelines that are assumed to be suitable for no fault divorce case. However, one or more of the following factors may prove that these guidelines are not in reasonable preferences of the child

• Obligation regarding support of other dependents
• If the combined parental incomes is less than that provided in the charts
• Extraordinary community debt of the parents
• Requirement of temporary or immediate support
• Temporary or permanent disability of the parent from whom support is to be taken
• Extraordinary medical expenditure of the parents or child

The question of child custody

The court of Louisiana has the opinion that joint custody is in the best interests of the child. However, the following factors are considered while awarding custody to divorcing spouses:

• Moral fitness of parents
• Distance by which the individual residences of the parents are separated
• Physical and mental health of all those people who stay or are involved with the child
• The adjustment of the child to the residence, school and community.
• The ability of each parent to allow the child to share a healthy relation with the other parent
• The loving relationship that exists between each parent and the child
• In case the child is of mature age and capable to understand the situation, then their opinions are positively taken into consideration
• The desire and ability of each partner to fulfill the needs of the child
• The financial status of both the parents after their separation from each other, especially the earning ability of each parent is surely considered before any decisions are made regarding child custody The social, religious, mental, emotional and physical requirements of the child

Types of Alimony

During a lawsuit for divorce or separation, if one of the divorcing partners lacks enough income for maintenance of their lifestyle or simple living, then the alimony granted during this period is called as Temporary Alimony. Other types of alimony is also granted such as, permanent alimony in exceptional conditions like if either of two partners has suffered from incurable physical or mental disorder and likewise.

In the end, it can be stated that Louisiana no fault divorce includes the settlement of various crucial issues such as, child custody, spousal support etc. Most importantly, if divorcing partners are going to file a no fault case in a state like Louisiana then they must be clear with the specific ground that is to be mentioned in the petition paper.

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