Learn How to File for a Louisiana Divorce and What to Expect in Court for Your Hearing

Do you live in the State of Louisiana and have a troubled married life? Are the disputes you and your spouse having are such that your marriage has been irrevocably damaged? In order to do away with further messy developments and tribulations, the Louisiana divorce authorities have developed a set pattern of regulations that can help you attain a separation from your partner.

Divorce Laws in the State to Help You File for Divorce

Louisiana divorce laws state that to ensure the petition is moved to annul the marriage, you will have to file the application for divorce from the area of your wedding. The place where either you or your spouses are living will have a court with the jurisdictional authority to hold hearings of your divorce case.

Article 42 of the Louisiana Civil Code presents all the details of the residency regulations associated with any Louisiana divorce case. In case you had a covenant marriage, you need not cite any specific grounds for divorce. However, in all other cases, reasons behind the initiation of a Louisiana divorce petition have to be formally presented and substantiated at the court.

On What Grounds Can You File for Divorce?

The grounds on the basis of which you can seek a divorce are clearly laid out by the Louisiana divorce authorities. In case your spouse has been convicted of a criminal act, or has been found to be guilty of adultery, it can work as a solid ground on which you can ask for a divorce.

In addition, for being granted a divorce you need to be separated from your spouse for at least 180 days (if the two of you do not have a child). This separation period goes up to 365 days in case the two of you do have a minor child from the marriage. The Louisiana divorce court of course recognizes physical as well as mental abuse of one spouse by the other as a sufficient cause for initiating the divorce petition.

You might be directed by a Louisiana divorce court to attend a counseling session (arranged by the concerned legal authorities) together with your spouse. These counseling or mediating sessions would help the two of you to understand the effects of your impending divorce on your children, and what the young person may need at their tender age.

Divorce and the Distribution of Assets

Louisiana divorce courts support the re-distribution of marital assets between you and your spouse after the divorce. Hence, all such properties are likely to be equally divided between the two of you once the court proceedings are over. You and your partner are allowed by the laws of Louisiana divorce to come to a consensus as to how the property rights would be shared amongst the two of you.

While determining the issues related to alimony payment, two factors are accorded prime importance by the Louisiana divorce law. First, it is determined which one of you is at fault for the breakdown of marriage. Second, the respective financial requirements of both you and your spouse are taken into account for this purpose.

The alimony that you are supposed to pay (or receive as the case might be) is stipulated to last for a certain period of time. Such alimony payments go on until the point the recipient passes away, marries again, or enters into a live-in relationship with another person (in a manner resembling marriage).

While determining whether or not alimony payments need to be arranged, several factors are taken into account by the Louisiana divorce court. These include a detailed analysis of the current financial status of you and your partner, how old the two of you are, and the span of time for which you had been married. The education levels of you and your partner, as well as your respective employability are also crucial aspects of alimony distribution in a Louisiana divorce case.

The Louisiana Civil Court (in Articles 2338 and 2341) also states certain cases where exceptions can be made to the ‘equal’ mode of post-divorce property distribution. These cases primarily become relevant when you or your spouse inherit some property, or receive some valuable assets in the form of gifts or donation. The tax implications of such a gain are also handled by the divorce courts of the state.

Louisiana divorce laws are on the whole clear-cut, well-defined and easy to follow. If your marriage has indeed been damaged beyond repair, the legal authorities of the state are ready at hand to help you get a speedy and convenient divorce settlement.