Divorce Guide

Divorce Guide

Louisiana No Fault Divorce

Louisiana is a “mixed grounds” state. It means that divorce can be obtained on both ‘fault’ grounds as well as ‘no-fault grounds’. However, getting a divorce on no-fault grounds is very much easier in Louisiana because a simple statement that a party wishes to get divorce from the other is enough “ground” to believe that there is a marital breakdown. Courts do not wish to look into the specific reasons of the marital breakdown at all.

The other grounds on the basis of which you can get the divorce are:
  • If the spouses have lived separately from each other for 6 months without cohabitation.
  • Other spouse has indulged in adultery,
  • Other spouse has been sentenced to death or been incarcerated with hard labor punishment.
Easier no-fault divorce in Louisiana

As has been mentioned earlier, getting a no-fault divorce is much easier in Louisiana because the non-filing spouse need not to answer to the petition filed by the other spouse to dissolve the marriage.

Residential requirements in LA no fault divorce

According to LA no fault divorce laws, it is necessary for at least one spouse to have been living in the state of Louisiana for the last one year prior to filing of divorce. The divorce is granted after 180 days from the date when the petition for dissolution of marriage was filed by one spouse.

Property division in LA no-fault divorce

Louisiana is a community property state, where the properties of the spouses (which have been acquired after the marriage, also known as “marital property”) are divided equally among the spouses. The separate property which a spouse had acquired or inherited before the marriage would be given to him/her only. Personal property of the spouse who files the case would also not be touched or divided.

Debt clearance in LA no fault divorce

Debts acquired by the spouses when they were married (even if the debt was signed on the name of one spouse) are also shared among them. LA no-fault divorce laws provide ample room for spouses to either decide how they wish to divide their debts and pay them off “outside the court” or the court may order them to follow a general rule to pay off their debts.

Alimony in LA no-fault divorce

Spousal support can be temporary or permanent according to LA no-fault divorce laws. Most of the spouses wish to settle the matter of alimony “outside the court”. However, if there are differences in this regard, then the courts may intervene. Temporary alimony is to be provided to the financially weaker spouse during the divorce proceedings, according to no-fault divorce laws in LA. However, if the courts find that a spouse is to tally “without fault” in the breakdown of marriage and is also financially weaker, then permanent alimony has to be provided by the other spouse till a new court ruling increases, lowers or terminates the alimony amount. On the other hand, if a spouse has been the “wrongdoer” or at “fault”, then permanent alimony would not be given to him/her.

Child custody in LA no fault divorce

It is generally observed that spouses who file no-fault divorces are also interested to settle the matter of child custody and visitations “outside the court”. They can decide upon this matter after participating in custody mediation services advised by the court. This procedure helps them to have a quicker divorce settlement which is also more pocket-friendly! But in cases where the parties are unable to reconcile with each other over matters of child custody, courts would intervene. They would look at the “best interests of the child” and award “joint custody” to both the parents, unless the presence of one parent id found detrimental to the welfare of the child.

Child support is also an important matter that needs to be settled down in no-fault divorce cases. It is generally arrived at after pooling the incomes of both the spouses.

It is advisable to seek the advises of an attorney if your divorce case in a contested one. You may proceed with DIY divorce in uncontested no-fault divorce cases, but ensure that you understand all the legal laws pertaining to important matters.

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