Louisiana Divorce Laws and Resources
The following information is a resource on Louisiana divorce law and resources. You can find divorce lawyers and other professionals, divorce forms, child support guidelines and calculators, as well as support groups and domestic violence resources. After reviewing the state-specific divorce law, you can find more help and information in our divorce article section.
ProfessionalsDivorce LawyersPrivate Investigators Background Checks Divorce SupportSupport GroupsDomestic ViolenceShelters and Hotlines |
Divorce PapersDivorce and Separation FormsOnline Divorce Divorce Form Preparation QDRO Preparation Family Law ResourcesDivorce LawsChild Support Guidelines Louisiana Child Support Calculator (PDF) Child Support Enforcement |
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DIVORCE LAWYERS AND FIRMS
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DIVORCE FORM PREPARATION
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QDRO PREPARATION
QdroDesk - is an industry proven online service providing divorcing spouses with an instant, easy, accurate, and affordable method for obtaining Qualified Domestic Relations Orders (QDROs), the appropriate settlement agreement language, and processing instructions to divide a retirement account upon divorce. The service is a result that only 45 years of combined QDRO experience can provide. When combining this expertise with a smart question and answer technology, QdroDesk has easily become the ideal solution for QDRO preparation.
PRIVATE INVESTIGATORS
Trinity Investigations
Robert Weltz
PO Box 8833
Bosier City, LA 71113
Phone: 318-742-8857
BACKGROUND CHECKS
Instant Background Report - Find out date of birth and marital status, address history and aliases, criminal and court records, sex offender searches, property records, general public records, business registration and property resources. Find out the truth about anyone!
DIVORCE SUPPORT GROUPS
Divorce Care can help you locate a divorce support group in your area. There are thousands of DivorceCare support groups throughout the USA and Canada, and many groups meeting internationally as well.
Partners in Prevention provides consulting and psychological services to
domestic abuse survivors before, during and post divorce. Additionally, we serve
as consulting experts in both civil and criminal domestic violence cases. We
also offer continuing medical and nursing education in domestic abuse assessment
and clinical management to healthcare professionals. You can contact us at:
13918 E. Mississippi Ave
Aurora, CO 80012
Phone: 720-222-1058
Economic Empowerment For Women - BreakFreee.org is a non-profit organization offering free, unbiased, access to financial information and education to low to middle income women. Key features of the website include: Financial issues for divorcees, financial calculators, and a database of Frequently Asked Questions where you can submit questions and receive unbiased answers from financial planners.
60 West Olsen Road #3500
Thousand Oaks, CA 91360
Phone: 888-372-4155
Email:
DOMESTIC VIOLENCE RESOURCES
Domestic Violence Crisis and Support ServicesShelters and Hotlines
Coalition Against Domestic Violence
LOUISIANA DIVORCE LAW SUMMARY
General Family Law and Divorce InformationGeneral Divorce Information from the State Bar Association
Online Divorce Laws - Look under Civil Code
RESIDENCY REQUIREMENTS AND WHERE TO FILE: To file for a divorce in Louisiana, either spouse must be a resident in a parish of the state for a period of six months. An action for divorce can be filed in the parish where either party is domiciled. [Based on Louisiana Civil Code - Article 42 and CCP Article 10]
LEGAL GROUNDS FOR DIVORCE: Except in the case of a covenant marriage, a divorce shall be granted on the petition of a spouse upon proof that:
- The spouses have been living separate and apart continuously
for the requisite period of time, or more on the date the
petition is filed; The requisite period of time is as
follows:
- 180 days if there are no minor children involved, or if there is evidence that the other spouse has physically or sexually abused the spouse seeking divorce or a child of one of the spouses, or if a protective order or an injunction has been issued, in accordance with law, against the other spouse to protect the spouse seeking the divorce or a child of one of the spouses from abuse and is in effect at the time the petition for divorce is filed.
- 365 days when there are minor children of the marriage.
- The other spouse has committed adultery; or
- The other spouse has committed a felony and has been sentenced to death or imprisonment at hard labor.
In the case of a covenant marriage, the following grounds apply:
- The other spouse has committed adultery.
- The other spouse has committed a felony and has been sentenced to death or imprisonment at hard labor.
- The other spouse has abandoned the matrimonial domicile for a period of one year and constantly refuses to return.
- The other spouse has physically or sexually abused the spouse seeking the divorce or a child of one of the spouses.
- The spouses have been living separate and apart continuously without reconciliation for a period of two years.
- The spouses have been living separate and apart continuously without reconciliation for a period of one year from the date the judgment of separation from bed and board was signed. If minor children are involved, the period shall be extended for an additional six months unless there is evidence of the child
[Based on Louisiana Civil Code - Articles 103 and 103.1 and Louisiana Revised Statutes - RS 9:307]
MEDIATION OR COUNSELING REQUIREMENTS: A court exercising jurisdiction over family matters may require the parties in a custody or visitation proceeding to attend and complete a court-approved seminar designed to educate and inform the parties of the needs of the children. [Based on Louisiana Revised Statutes - RS 9:306]
PROPERTY DISTRIBUTION: Louisiana is a community property state, meaning that property and debts acquired during the marriage shall be split equally, unless the parties reach an agreement independent of a court ruling. The community property comprises: property acquired during the marriage through the effort, skill, or industry of either spouse; property acquired with community things or with community and separate things, unless classified as separate property under Article 2341; property donated to the spouses jointly; natural and civil fruits of community property; damages awarded for loss or injury to a thing belonging to the community; and all other property not classified by law as separate property.
The separate property of a spouse is not subject to division. It comprises: property acquired by a spouse prior to the marriage; property acquired by a spouse with separate things or with separate and community things when the value of the community things is inconsequential in comparison with the value of the separate things used; property acquired by a spouse by inheritance or donation to him individually; damages awarded to a spouse in an action for breach of contract against the other spouse or for the loss sustained as a result of fraud or bad faith in the management of community property by the other spouse; damages or other indemnity awarded to a spouse in connection with the management of his separate property; and things acquired by a spouse as a result of a voluntary partition of the community during the existence of a community property regime. [Based on Louisiana Civil Code - Articles 2338 and 2341]
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ALIMONY/MAINTENANCE/SPOUSAL SUPPORT: When a spouse has not been at
fault and is in need of support, based on the needs of that party and the
ability of the other party to pay, that spouse may be awarded final periodic
support. The court shall consider all relevant factors in determining the
amount and duration of final support. Those factors may include:
- The income and means of the parties, including the liquidity of such means.
- The financial obligations of the parties.
- The earning capacity of the parties.
- The effect of custody of children upon a party's earning capacity.
- The time necessary for the claimant to acquire appropriate education, training, or employment.
- The health and age of the parties.
- The duration of the marriage.
- The tax consequences to either or both parties.
- The sum awarded under this Article shall not exceed one-third of the obligor's net income.
The obligation of spousal support terminates upon the remarriage of the
spouse receiving support, the death of either party, or a judicial determination
that the supported spouse has cohabited with another person of either sex in the
manner of married persons. [Based on Louisiana Civil Code - Articles 112
and 115]
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SPOUSE'S NAME: If widowed, divorced, or remarried, a woman may use her maiden name, the surname of her deceased or former spouse, the surname of her present spouse, or any combination thereof. [Based on Louisiana Revised Statutes - RS 9:292]
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CHILD CUSTODY: If the parents agree who is to have custody, the
court shall award custody in accordance with their agreement unless the best
interest of the child requires a different award. In the absence of agreement,
or if the agreement is not in the best interest of the child, the court shall
award custody to the parents jointly; however, if custody in one parent is shown
by clear and convincing evidence to serve the best interest of the child, the
court shall award custody to that parent. The court shall consider all
relevant factors in determining the best interest of the child. Such factors may
include:
- The love, affection, and other emotional ties between each party and the child.
- The capacity and disposition of each party to give the child love, affection, and spiritual guidance and to continue the education and rearing of the child.
- The capacity and disposition of each party to provide the child with food, clothing, medical care, and other material needs.
- The length of time the child has lived in a stable, adequate environment, and the desirability of maintaining continuity of that environment.
- The permanence, as a family unit, of the existing or proposed custodial home or homes.
- The moral fitness of each party, insofar as it affects the welfare of the child.
- The mental and physical health of each party.
- The home, school, and community history of the child.
- The reasonable preference of the child, if the court deems the child to be of sufficient age to express a preference.
- The willingness and ability of each party to facilitate and encourage a close and continuing relationship between the child and the other party.
- The distance between the respective residences of the parties.
- The responsibility for the care and rearing of the child previously exercised by each party. [Based on Louisiana Civil Code - Articles 132 and 134]
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CHILD SUPPORT: Louisiana uses the "Incomes Shares" model
to determine child support, meaning that the level of support is
calculated using the combined adjusted gross incomes of both
parents. Each party shall then determine by percentage his or her
proportionate share of the combined amount. The amount obtained for
each party is his or her percentage share of the combined adjusted
gross income. The
total child support obligation shall be determined by adding
together the basic child support obligation amount, the net child
care costs, the cost of health insurance premiums, extraordinary
medical expenses, and other extraordinary expenses.
In all new child support orders after January 1, 1994, that are not being enforced by the Department of Social Services, the court shall include as part of the order an immediate income assignment unless there is a written agreement between the parties or the court finds good cause not to require an immediate income assignment. [Based on Louisiana Civil Code - Article 142 and Louisiana Revised Statutes - RS 9:303, 315.2, 315.8 and 315.19] » Return to top