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The ins and outs of divorce in Louisiana

It is no secret that divorce can be taxing. There is simply no denying the fact that the breakup of a marriage brings with it myriad consequences that can seem perennial. Marital dissolution can often be emotionally, physically and legally draining.

This already at times complicated process can get even more convoluted when children enter the equation. Suddenly, issues such as child custody, child support and visitation take precedence. The best interests of the children are paramount and they are prioritized by Louisiana courts without exception.

In Louisiana, divorce can be “fault” or “no-fault.” “No-fault” is not as obstacle-ridden and hence is a more popular choice amongst Louisiana residents. It is the type of divorce where the spouse asking for a divorce does not have to establish “fault” i.e., that the other spouse did something wrong. However, this being said, there may be reasons for a “fault” divorce, such as:

  • To gain the upper hand if child custody is being contested.
  • Division of marital property is being disputed.
  • Appropriate amount of alimony is being disputed.

It is important to note that Louisiana is a community property state. Essentially, income earned by either spouse as well as all property bought with the earnings is considered marital property. They are owned equally by each partner. In the event of divorce, property is divided equally between the spouses.

Considering the complicated nature of marriage dissolution in Louisiana, it is better to work with an accomplished divorce lawyer, with a proven track record and pedigree. The guidance of a knowledgeable advocate in this regard is imperative.

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