Getting divorce in Louisiana
There are different rules and laws for taking divorce in any state of US. Getting a divorce in Louisiana also has its special rules during the process of divorce. The important issues considered during the divorce process in Louisiana are discussed as follow.
- Residency and filing issues
Louisiana law says that the petition filing spouse should be a resident of the state for at least one year. He/she has to file for the divorce in the town where he or she stays. A divorce is approved after the 180 days of filing of the petition provided the couple have no child.
If the couples have a minor child and there is no evidence of abuse in the marriage, nor has a defensive order been issued against a spouse, then a divorce can be granted after 365 days.
- Grounds for divorce.
Louisiana is a ‘no-fault’ divorces state. In no-fault divorce one or both the spouses wish to end the marriage because of their general incompatibility. If a childless couple live apart for 180 days or, a couple having child live separately for one year then only no-fault divorce is approved in Louisiana . In case of "fault" divorce, the grounds for divorce in Louisiana are adultery or any of the spouses committed a felony and has been sentenced to custody.
- Property issue
Louisiana is a community property division state. Unless the spouses come to a settlement about how community property will be divide, the court will likely to divide the property equally. While taking the decision about the marital home Louisiana court typically favors the spouse who has custodial care of the couple's child. The court will also take into account the value of the property, the economic conditions of each spouse and the requirements of the child. The court also grants an additional amount to the party who financially supported the other spouse during education and training.
- Spousal Support
During divorce process in Louisiana either spouse can get temporary or permanent spousal support .When awarding support the court takes following factors in consideration.
- Duration of the marriage.
- Each spouse's age and health.
- Financial obligations.
- Earning potential of spouses and custody of child.
- The tax costs of both the parties.
In Louisiana spousal support is not more than one-third of the other spouse's net earnings.
Child Support :
The court that hears child custody and support along with the couple's divorce process. In Louisiana, the court may decide for either parent to provide a joint support for the child. This is totally based on the child's need and the capability of the parent to provide support. Title 9 of the Civil Code Ancillaries of Louisiana give information table that determines the amount of child support that the noncustodial parent gives based on gross monthly income of the parent.
Getting a divorce in the Louisiana can be proved to be less painful and less complex provided these guidelines are carefully followed.
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Getting a Divorce
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