Louisiana Divorce Law Requirements
Divorce Requirements for Louisiana Residents
The filing spouse may file the Louisiana Divorce Petition in the State of Louisiana if he or she meets the following residency requirements:
- The petitioner must have lived in Louisiana for the past 12 months prior to the filing.
- The divorce papers must be filed in the Louisiana parish where either party lives.
After the divorce papers have been filed, the parties will have to wait for 180 days before the dissolution of marriage is finalized.
Louisiana Grounds For Divorce
Louisiana recognizes both fault and no-fault grounds for divorce. No-Fault means there is no need for either party to prove who was responsible for the marital union to collapse.
- Parties are living separately and apart for 180 consecutive days after the filing of divorce petition;
- Parties have been separately and apart without reconciliation for six months prior to filing a petition for divorce.
- Adultery committed by either party
- Conviction of a felony which resulted to a death sentence or incarceration of either spouse
Child Custody Law in Louisiana
In determining physical and legal custody, Louisiana puts the child’s best interests first. Although joint legal custody is usually awarded to both parents in ideal circumstances in Louisiana, several factors are being looked into in coming up with a legal decision that would serve the child’s best interests.
In a joint custody, both parents are granted the opportunity to contribute in decision-making concerning the child’s development and activities. However, that doesn’t equate to equal amount of time for the child to spend with both parents.
Generally, Louisiana child custody is decided upon by the court based on, but not limited to, the following:
- The emotional bond or interpersonal relationship between each parent and the child;
- Age and gender of the child;
- The home, school, and community history of the child;
- The moral fitness, mental, and physical health of each parent that could affect the general welfare of the child
- The capacity and disposition of each parent to provide the child with love, affection, spiritual guidance, good education, food, clothing, medical care and other needs of the child
Guidelines for Louisiana Child Support
The State of Louisiana provides a comprehensive set of guidelines in the computation of child support, which is based on the Income Shares Model. The law recognizes that each parent has an obligation to support the child. Should the parents fail to agree on child support details, the court shall enforce what is in the state child support guidelines in calculating the amount of obligation. Depending on the circumstances, the court may differ from the child support guidelines.
Child support shall be in effect until the child reaches 18 years old or until he or she finishes secondary school.
Where to file for a divorce?
Louisiana Divorce Forms must be filed by the petitioner either in the respondent’s county of residence or in the petitioner’s.
For a fast and inexpensive divorce process, you can file Louisiana online divorce forms.
Refer to the “Divorce Requirements for Louisiana Residents” above and also review the best online divorce sites.
Either spouse may request for a mediation settlement before or after the Louisiana Divorce Papers have been filed. Mediation is available in Louisiana for parties to have more control of their divorce case in a more private setting. Divorce mediation are said to cushion the impact of divorce especially when there is a child or children involved.
Need information for a different state?
You may also visit the Louisiana Courts for more information