Louisiana State has got both no- fault and fault divorce grounds for granting divorce. This state follows conservative family court laws. Estimation of the divorce rate of Louisiana had been a problem for some time, because the divorce rate rose higher than the consummation rate. According to the current statistics, the divorce rate is 0.38% per capita per year.
Louisiana State family court shall deem the brought case to the deck with pertinent proof and evidence else the case shall not be let for any furtherance. In Louisiana, both the spouses are allowed to ask the court to resolve all other divorce related issues except custody and visitation which the jury has to decide.
Annulment is not encouraged in Louisiana because it is a rare process and the grounds requirement of annulment are also hard to prove.
Divorce Grounds in Louisiana
Divorce grounds in Louisiana are divided into:
No-Fault Divorce Grounds in Louisiana
There is only one no-fault divorce ground in Louisiana, which is:
If you and your partner have been living separately (separation) for one hundred and eight days (108), both spouses can claim divorce under this divorce ground in Louisiana.
Fault Divorce Grounds
Fault divorce grounds in Louisiana are:
Adultery is considered a crime and a valid divorce ground in Louisiana. You can file for divorce if your spouse has been cheating on you.
Committed of a Felony
If your spouse commits a felony and the court sentences him or her to imprisonment of hard labour or death, you can seek divorce using this divorce ground in Louisiana.
Physical and Sexual Abuse
This is also a legal divorce ground in Louisiana. You can file for a divorce decree if your spouse physically or sexually abuses you or your child.
Separation for One Year
Wilful separation of both you and your spouse for one year or more entitles both of you to a right to divorce each other.
Contact a professional divorce attorney or divorce lawyer for detailed information regarding divorce grounds in Louisiana.
Louisiana Divorce Laws
Louisiana has following divorce laws:
Under Louisiana divorce laws, it is essential that the petitioner must be a resident for at least 12 months before filing for divorce. The divorce shall be filed in the community in which either spouse resides.
While in the case of a contract marriage, a divorce shall be granted upon consent of a spouse and upon proof that one hundred eighty days have elapsed from the service of the petition.
Documents Required for Filing Divorce
According to Louisiana divorce laws the documents required are:
- Petition for Divorce
- Final Judgment of Divorce
A few other documents that are typically filed during the process include:
- Marital Settlement Agreement
- Financial Affidavit
- Request for Hearing
- Notice of Hearing
Distribution of Property
In Louisiana the court will consider the needs of each spouse before the process of disposition of property is carried out. When deciding who should be awarded the property, the spouse whom child custody is awarded is normally preferred by court. According to Louisiana divorce laws, following factors are considered:
- The value of the spouses’ property
- The economic needs and circumstances of each spouse
- The needs of the children
Distribution of property differs from case to case.
Change of Name or Restoration of Name
Louisiana divorce laws allow a woman to resume her maiden name after the court grants a divorce.
Under Louisiana divorce laws the court may grant a mediation order to the parents who are seeking mediation to resolve the child custody issue.
The court will consider all relevant factors in determining the entitlement, amount, and duration of spousal support.
When determining a custody award, the court shall consider all relevant factors in determining the best interest of the child.
According to Louisiana divorce laws, both the parents are to provide child support. If the parents cannot come to an agreement, the court shall work in accordance with the state child support guideline provisions. In this order the appropriate support is finalized and obligations are defined.
Contact a professional divorce attorney or divorce lawyer for comprehensive divorce laws information in your state.
Louisiana Annulment Laws
Annulment is a legal decree declaring a marriage null and void. In annulment, the court declares that the marriage is invalid and thus never existed. The major difference between divorce and annulment is that a divorce is the termination of a legal marriage while annulment is the ending-up of a void marriage.
The grounds for annulment differ from state to state depending on the annulment rate and rules and regulations of the state. Louisiana annulment grounds according to Louisiana annulment laws are:
Fraud or misrepresentation is one of the major Louisiana annulment ground. You can get annulment under Louisiana annulment laws if your spouse misrepresented him or herself when getting married.
Inability to Consummate a Marriage
Louisiana annulment can also be obtained if your partner is unable to consummate the marriage or is not willing to consummate it.
Addiction to Drugs
If your spouse is involved in habitual intoxication of drugs or liquor like opium, cocaine or morphine, you can file for annulment under Louisiana annulment laws.
According to Louisiana annulment laws, if your spouse is mentally ill either permanently or partially and the illness is affecting your married life, you can get your marriage annulled.
Louisiana Divorce Laws Frequently Asked Questions
- How long must I be a resident of the State of Louisiana before gaining eligibility to file for divorce?
You must be a resident of the State of Louisiana for either 180 days or 6 months (whichever is longer) before being eligible for filing divorce.
- Can I divorce my spouse even if my spouse doesn’t live in Louisiana?
Yes, you can still file for divorce.
- Is Louisiana a No-Fault State?
Yes, Louisiana is a no fault State.
- How quickly can I be rid of my marriage?
Divorces are never quick. Marriages can be quick but, divorces are really slow. Most divorces take up to a few months. While other divorces take more time. There have been divorce cases that took years to settle and there is no reason why there will not be more such complex divorce cases.
- Is there any court filing fee for divorce in the State of Louisiana?
Yes, there is a court filing fee for divorce in the State of Louisiana that varies from county to county.
- How do Louisiana divorce lawyers charge their clients?
Most Louisiana divorce lawyers charge by the hour. There are some Louisiana divorce lawyers that charge a predetermined fee.
- How much can my divorce cost me?
According to national statistics on average a divorce costs $18,000.
- Can I represent myself in court?
It is your legal right to represent yourself in court. However, I strongly advice against it since, the divorce process requires the services of a seasoned Louisiana divorce lawyer who can represent you and your interests better.
- Can’t we hire one Louisiana divorce lawyer to represent us in the court of law in Louisiana?
No, each spouse is required by the Louisiana divorce law to be represented separately.
- Does the State of Louisiana legally recognize a common law marriage?
No, the State of Louisiana doesn’t legally recognize common law marriages.