Louisiana Divorce Grounds
The United States courts require that all those applying for divorces
state the grounds for the divorce. This is the reason why a divorce
should be granted.
Each state has different lawful grounds. Louisiana states that one
individual may petition for divorce but will need to prove the grounds
for divorce before the court. Two individuals may decide on their
divorcing grounds and petition a court in Louisiana.
Louisiana recognized seven different grounds for divorce. Louisiana
divorce grounds are broken into two categories.
The first is called No-Fault grounds where the individuals have been
living in separate homes for at least one hundred eighty days before a
petition is filed. These grounds state that no individual is
responsible for the breaking of the marriage. No-Fault grounds are
petitioned willingly and with the support, usually, of both spouses. In
these cases marriage counseling may precede a divorce petition.
The second set of divorce grounds is called Fault grounds where one
individual is named responsible for the divorce. These grounds include
a felony conviction, living in different homes for a minimum of two
years, adultery, at least one year of abandonment, and living
separately through a court decision for a minimum of one year. In this
circumstance the individuals cannot share board or bed after the
Louisiana Residential Requirements
Each state has different residential requirements for when and where a
divorce can be filed. Louisiana divorces are handled by the Judicial
In order to file in the state of Louisiana one or both of the
individuals must reside in Louisiana for a minimum of twelve months.
When two individuals live within state lines but in different counties,
either county can handle the divorce.
An individual who is a non-resident of the state of Louisiana may file
for a divorce in Louisiana if his or her spouse is a Louisiana resident.
Only one spouse is required to file for divorce, but both may do so if
desiring. Under covenant marriage circumstances both spouses are
required to petition for divorce.
Distribution of Property
The state of Louisiana allows the individuals involved in the marriage
to divide the property themselves, whether this be equally or not. If
the individuals cannot reach an understanding, the court will settle
the property and may not make the distribution equal.
When dividing property the court will take circumstances into account.
These include which parent has custody of subsequent children, the
educational backgrounds of the individuals, the contributions to the
household, economic standings, occupation, potential for occupation,
and the length of the marriage.
Such considerations are often considered in the case of the family
home. Because Louisiana is a community property state, all community
assets are to be divided equally rather than equitably.
Any property that was possessed before the marriage's commencement will
reside with its original owner. Gifts that were received from one
spouse to the other can be redistributed under some circumstances. All
inheritances acquired during or before the marriage will remain with
the individual who brought them into the marriage.