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Henry Dahut, J.D.
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Henry Dahut is a licensed California trial attorney. Over the course of his 30-plus years practicing law, Henry has represented and counseled countless clients in legal trouble.
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Louisiana Divorce & Family Law Summary
Since state laws change over time, it is always advisable to consult with a local and experienced divorce lawyer before making important decisions about your marriage.
All states allow for “no-fault” divorce. Yet many courts still factor in the respective parties’ past behavior when determining the division of spousal property, such as domestic violence, adultery, cruelty, and abandonment.
Residency Requirements
To file for divorce in Louisiana, at least one of the spouses must meet specific residency requirements.
Louisiana law uses the term “domicile” rather than “residency.” Domicile means where a person has their true, fixed, and permanent home and principal establishment and to which they intend to remain.
If both spouses are domiciled in Louisiana: Either spouse can file for divorce in any parish where either is domiciled, provided they have lived in the state and parish continuously for at least six months immediately preceding the filing of the divorce petition.
If only one spouse is domiciled in Louisiana, the domiciled spouse can file for divorce in any parish where they have resided continuously for six months immediately preceding the filing. There’s no time requirement for the non-Louisiana domiciled spouse.
Grounds for Divorce
Louisiana has two separate grounds for divorce: No-Fault and Fault Based Divorce. Information on these grounds for divorce can be found under the following statutes: 102 and 103 type divorce.
Property Division
PropertyDivision is based on the Louisiana community property laws.
Louisiana is a community property state. In a divorce, all assets and liabilities acquired during the marriage are generally presumed to be owned equally by both spouses and are subject to equal division.
Community property includes:
All assets and liabilities acquired during the marriage are generally presumed to be owned equally by both spouses and are subject to equal division.
Earnings and Income: Salaries, wages, bonuses, commissions, and income from investments acquired during the marriage.
Real Estate: Homes, land, and other real property purchased during the marriage.
Personal Property: Vehicles, furniture, jewelry, and other personal belongings acquired during the marriage.
Retirement Accounts: Contributions made to retirement accounts during the marriage.
Debts: Loans, credit card debt, and other liabilities incurred during the marriage.
Separate property includes:
Separate property is not subject to division and remains the sole property of the owning spouse.
Property owned before the marriage: Assets acquired before the marriage remain separate.
Inheritance: Property received as an inheritance, even during the marriage.
Donations: Gifts received during the marriage, provided they are specifically given to only one spouse.
Property acquired with separate funds: If separate property is used to purchase other property during the marriage, tracing the funds can help establish the new property as separate.
Alimony – Spousal Support
When a spouse is not at fault and needs alimony support, based on that party’s needs and the other party’s ability to pay, that spouse may be awarded spousal support.
The court shall consider all relevant factors in determining the amount and duration of support.
Those factors may include:
- The income and means of the parties, including the liquidity of such means.
- The financial obligations of the parties.
- The earning capacity of the parties.
- The effect of custody of children upon a party’s earning capacity.
- The time necessary for the claimant to acquire appropriate education, training, or employment.
- The health and age of the parties.
- The duration of the marriage.
- The tax consequences to either or both parties.
The sum awarded shall not exceed one-third of the obligor’s net income.
Termination of Spousal Support
The obligation of spousal support terminates upon the spouse’s remarriage receiving support, the death of either party, or a judicial determination that the supported spouse has cohabited with another person of either sex in the manner of married persons.
Child Custody
If the parents agree on who is to have child custody, the court shall award custody per their agreement unless the child’s best interest requires a different award.
In the absence of understanding, or if the deal is not in the best interest of the child, the court shall award custody to the parents jointly; however, if custody in one parent is shown by clear and convincing evidence to serve the best interest of the child, the court shall award custody to that parent.
The court shall consider all relevant factors in determining the child’s best interest.
Such factors may include:
- The love, affection, and other emotional ties between each party and the child.
- The capacity and disposition of each party to give the child love, affection, and spiritual guidance and to continue the education and rearing of the child.
- The capacity and disposition of each party to provide the child with food, clothing, medical care, and other material needs.
- The length of time the child has lived in a stable, adequate environment and the desirability of maintaining continuity of that environment.
- The permanence, as a family unit, of the existing or proposed custodial home or homes.
- The moral fitness of each party insofar as it affects the welfare of the child.
- The mental and physical health of each party.
- The home, school, and community history of the child.
- The child’s reasonable preference, if the court deems the child to be of sufficient age to express a preference.
Child Support
Louisiana uses the “Incomes Shares” model to determine child support, meaning that the level of support is calculated using both parents’ combined adjusted gross incomes.
Each party shall then select their proportionate share of the combined amount by percentage. The amount obtained for each party is their percentage share of the combined adjusted gross income.
The total child support obligation shall be determined by adding together the basic child support obligation amount, the net child care costs, the cost of health insurance premiums, extraordinary medical expenses, and other extraordinary expenses.
In all new child support orders after January 1, 2007, that the Department of Social Services is not enforcing, the court shall include as part of the order an immediate income assignment unless there is a written agreement between the parties or the court finds good cause not to require a quick income assignment.
Same-Sex Divorce
On June 26, 2015, the U.S. Supreme Court ruled that gay marriage is a right protected by the U.S. Constitution in all 50 states.
It follows, therefore, that the rights and obligations between same-sex divorcing parties are subject to the same dissolution laws of that state. Reference: U.S. Supreme Court Opinion: Obergefell v. Hodges. (For more information, visit ProCon.org).
Mediation
Louisiana does not mandate mediation in all divorce cases. However, judges frequently encourage it, and in some cases, particularly those involving custody disputes, it may be ordered by the court.
Louisiana Family Law Courts
Family matters are typically handled in district court. However, East Baton Rouge Parish has a family court separate from its district court.
- Louisiana Supreme Court (Louisiana Supreme Court)
- Family Court (E. Baton Rouge)
Louisiana Child Support Services
Box 94065, 627 N. Fourth Street
Baton Rouge, Louisiana 70802
Office: (225) 342-4780
Fax: (225) 342-7397
References and Sources
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