Divorce Guide

Divorce Guide


Louisiana Divorce Rights


A divorce could be defined as a legal settlement reached between couples so as to dissolute their marriage and terminate their marital relationship once and for all. The United States of America is considered to be recording one of the highest numbers of cases of divorce in the world today. The issue has been discussed by the government and efforts are being made to reduce the number of cases of divorce every year.

All of the states of USA have their exclusive set of divorce rights imbibed in the divorce laws of the state. One of the most important conditions for filing a case in any of the states is the residency requirement. It is the same in Louisiana. Before filing a divorce case in Louisiana, the petitioner has to be a resident of the state for a period of at least twelve months.

The procedure of filing a divorce case begins when a petitioner files a case in the parish where he/she resides. The law declares that the divorce will only be granted by the court only after 180 days have elapsed after filing the petition.

As per Louisiana state divorce laws, the most appropriate grounds when a couple seeks divorce is when both the parties agree to break down the marriage and when both the parties see no scope of any reconciliation. Some other grounds have been divided into two categories. No-Fault and Fault categories.

When spouses have been living separately for a continuous period of at least 180 days before filing the case, the grounds invoked would fall under the No-Fault category. The Fault category grounds are considered only when either of the parties proves the other party to be indulging in adultery, when the other spouse commits adultery, life imprisonment or death sentence, physical or sexual abuse.

A petitioner can file a case in the Parish. Soon after filing the case, the court assigns it a number. All the documents related to the case will have the name of the court written at the top. Some of the important documents required at the time of the filing of the case are: petition for divorce, marital settlement agreement, notice of hearing, financial affidavit etc. The department of the court which takes care of all the proceedings of the case is districts clerk office. Both the parties are kept informed by the district clerk office.

Spousal support is determined by the court after considering a number of factors. However, the spousal support is awarded on case to case basis. Some of the factors which are considered while determining the spousal support in Louisiana are: income of the parties involved, needs of the parties, effect of the custody of the child on the party concerned, age and health of parties.

According to Louisiana code of civil procedure, article 131, the court provides for a mediation program in which parents can try and resolve their issues especially about the minor child. Alimony advice could also be provided by the court in some cases.


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