State Laws

Louisiana Divorce

     

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 court's decision.

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 District Court.

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.

See also:
Louisiana Gun Laws
Louisiana Bankruptcy
Louisiana DUI Laws
Louisiana Felony External link (opens in new window)
Louisiana Misdemeanor External link (opens in new window)
Louisiana Expungement External link (opens in new window)