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Louisiana Divorce Rules

Posted on August 17, 2016

Divorce laws differ from state to state and some key outcomes are determined by your state’s laws. If you’re a Louisiana resident and thinking about filing for divorce, you should know these key rules that are applied to divorce in that state.

Divorce in Louisiana

Residency requirements
At least one spouse must have lived in Louisiana for six months or 180 days before filing for divorce in that state.

Grounds for divorce
divorce in louisianaA Louisiana divorce can be based on no fault or fault grounds, or based on the fact that you’ve been separated from your spouse for at least six months. A no fault divorce is a divorce where the spouse does not have to prove that the other spouse did something wrong. A fault divorce requires one of the spouses to be at fault for the divorce. A fault divorce is usually used to have an advantage in a child custody case or in a property dispute.

Property division
In Louisiana, all the income earned by both spouses during their marriage and all property bought with those earnings are considered martial property owned equally by each spouse. At the time of the divorce all the property is divided equally between each spouse.

Child custody rules
The Louisiana court makes decisions involving child custody based on what is in the best interest of the child. Most courts rule that the children should have frequent and continuing contact with both parents and will arrange joint custody whenever possible. The exact nature of the time-sharing schedule is determined based on what is best for the child.

Child support rules
In Louisiana both parents are required to support their children. The amount of child support paid depends on each parent’s income and their other resources, as well as how much time the child spends with each parent.