Divorce papers in Louisiana — filing for divorce in LA

Online divorce in Louisiana

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How to get divorce in Louisiana

The information below will help understand more about the divorce in Louisiana.

The common steps of how to get divorce in Louisiana:

1

The marriage should be recognized by the law of the state of Louisiana.

2

The spouses must comply with the residency conditions of the state before filing the suit.

3

The spouse must provide court with the grounds based on which he or she wants to file for a divorce in the state of Louisiana. The spouses have to live separately with for at least 180 days if there are no children in the marriage, or 360 if they have undeage children.

4

Before applying the divorce, the interested person must discuss with his or her spouse all the issues related to the definition of custody of joint children under the age of 18 (if any), the size of their support, as well as the separation of property, the conditions and the amount of alimony and come to a common solution. If the interested person can not decide his or her dispute, then the court will make decisions independently on all disputable issues during the trial.

5

YThe interested person need to prepare divorce form documents and register them in court.

6

When the divorce papers are ready they have to be filled in tht court.

Residency:

If the interested person wants to get the divorce in the state of Louisiana, both spouses have to be residents of a state for a certain time before filing a petition. Both spouses have to be residents of the parish where they decided to terminate their marriage.

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Valid grounds to get divorce in Louisiana

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In the state of Louisiana the minimum cause for divorce may be the fact that the spouses do not live together for more than 180 days for couples who don't have children. And for couples who have children that were born or adopted during the marriage this term is prolonged up to 360 days. Leaving apart ground is also known as no-fault reason meaning that the interested person do not need to prove to the court that his or her spouse has committed a misconduct, which led to a break in relations.

 

Divorce in Louisiana can be granted on the fault reasons the basis, these reasons include: adultery, imprisonment, spouses do not live together for two or more years before submitting documents.

Covenant Marriage

If spouses are in the Covenant Marriage and they want to get a divorce in the state of Louisiana, it is needed to prove to the court that they have tried in every way to save their relationship, but this wasn't successful.

The Covenant Marriages can be terminated on the basis of the following reasons
:

#1

One of the spouses performed adultery;

#2

While in a marriage, one of the spouses committed a serious crime for which he was convicted and serving his sentence;

#3

One of the spouses showed violence or harsh treatment towards the second spouse or children;

#4

Spouses voluntarily reside separately from each other for at least 2 years;

#5

One of the spouses has voluntarily left his conjugal duties and does not wish to return to them;

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Annulment of the marriage in Louisiana

In the state of Louisiana, there are two types of marriage, which are subject to cancellation: An "absolutely null marriage" - marriages that are not valid from the moment they are entered into. And a "relatively null marriage" is a marriage that is considered valid until the judge decides otherwise. If spouses want to annul their marriage, they must have a reason that theymust describe in the Louisiana divorce papers.

The reasons can be as follows:

  • Bigamy. The spouse already has a legally registered marriage, the action of which has not yet been terminated;
  • Incest. Both spouses are close blood relatives to each other;
  • One of the spouses was forced to marry;
  • One of the spouses was in alcoholic or narcotic intoxication and could not soberly assess the situation at the time of marriage;
  • One of the spouses was seriously mentally ill at the time of marriage and was unable to think clearly in order to give his consent to the marriage;
  • One of the spouses was absent from the marriage ceremony at the time of the marriage registration;
  • One of the spouses was underage at the time of marriage and did not have the permission of the court or parents to conclude a marriage;

To terminate the "absolutely null marriage" the following reasons are accepted: bigamy, incest, and marriage, in which the one of the spouses was absent from the marriage ceremony.
Relatively null Marriages are: one of the spouses was a underage, one of the spouses was under the influence of alcohol or drugs, one of the spouses was forced to marry.
Note that if the marriage is considered to be Relatively null Marriages, as long as the spouse who did not agree to the marriage will not give its consent. If the spouse recognizes that he or she is in a voluntary relationship, the marriage is automatically considered to be active.

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Custody of the child in Louisiana

Custody of the child

Louisiana courts prefer to be sure that despite the divorce, both parents take an active part in the life of the child. Usually in such cases, the joint custody of the parents is awarded. However, if this is contrary to the interests of the child, the courts may award individual custody to one parent.

If the parents do not agree on a custody and visitation schedule, the court will award joint custody to both parents unless there is a convincing reason to award sole custody to one parent. The court will consider factors such as the emotional ties between the parents and child, each parent’s capacity to provide for the child’s physical, mental, and emotional needs, the child’s adjustment to home, school, and community, and each parent’s willingness to encourage the child’s relationship with the other parent. During the divorce in Louisiana the court will use a similar standard to determine whether custody and visitation should be modified.

The spouses have to list every child who were born or adopted during the marriage, as well as their age when filling out the divorce form documents.

 

Rules for child support in Louisiana

Louisiana law states specifically that children are entitled to share in the current incomes of both parents. State law uses a formula to determine how much child support should be paid by one parent to the other parent. However in making a decision regarding support, the Court of Louisiana can consider the following factors:

  • Income and assets of parents;
  • The number of children who need support;
  • The needs of the child;
  • Maintenance that has already been awarded to the parent;
  • If one of the parents has children from other marriage.
  • The standard of living of the child during marriage;
  • The child's needs for education and medical care;
  • Financial opportunities for both parents;
  • The age of the child;

In the Louisiana divorce papers the interested person has to list all of his or her income and expenses to give the court ability to calculate the sum of child financial support.

Uncontested Louisiana divorce with children
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Rules for spousal support in Louisiana

Rules for spousal support

At the divorce in Louisiana, the court has the right to oblige the spouses to provide financial assistance to another spouse so that he or she can maintain the standard of living that was habitual during marriage. Financial assistance to a spouse, also called alimony, can be of several types:

Temporary alimony is an example of financial assistance, which is usually paid for a short period of time immediately after the divorce or in the process of litigation, so that the spouse who receives financial assistance has the opportunity to maintain the usual standard of living.

Constant alimony is a type of financial assistance that is paid to the spouse for life or until he or she marries once again. This type of alimony is awarded to satisfy the basic needs of the spouse and the sum of it is less than the sum of temporary maintenance.

A spouse who claims to receive alimony must prove to the court that there is not her or his fault in breaking the relationship. The monthly alimony, awarded on a constant basis, can not use more than a third of the income of the spouse-payer.

Property division in Louisiana

Property division

If the spouse decide to apply for a divorce in Louisiana, he or she must decide with his or her spouse how to share all their joint property. If the spouse is not able to come to a consensus, then the court will independently decide on the division of property. Under the laws of the state, all assets and liabilities acquired by the spouses during the marriage are divided in half. The court will have to make sure that the interested parties have all assets and debts they listed in divorce form documents in order to make an equitable decision. If the spouse possesses any property that was acquired before marriage or passed to him or her through donation or inheritance, then this property does not participate in the process of division, since it is considered private.

The interested person must provide documents that confirm his or her ownership of the private property that should not fall under the property partition. These documents should also be reflected in the Louisiana divorce papers.

Divorce without a lawyer in Louisiana

If the interested person applies for a divorce in Louisiana, it is possible to get it without the services of a lawyer. Depending on which county the spouses live, the process of divorce in the state of Louisiana can vary. If the spouses have come to the agreement of a division of property and custody of children, then it is very convenient to initiate the divorce without a lawyer. It is also possible to initate the online divorce.

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Mediation support in Louisiana

Courts in every way contribute and encourage, if the spouses have expressed a desire to use the services of mediation. Parties may request the assistance of mediators to resolve disputes at any time before or after the commencement of the divorce proceedings.

Divorce forms in Louisiana

General information about divorce in Louisiana you can see on the state's website, but there you will not find an example of forms online.

General information about divorce in Louisiana can be found on the state's website.

The list of divorce form documents that the spouse needs to fill out can be taken from his or her local clerk. The spouse can use the service of online divorce in Louisiana.

Uncontested divorce in Louisiana

Uncontested divorce in Louisiana

The uncontested divorce based on the fact that the couple has already discussed all issues related to guardianship, property division and maintenance and has come to a solution that satisfies both spouses. It turns out that the couple do not have contentious issues and they just need to formally get a divorce.

In order to formalize an uncontested divorce in Louisiana, the spouse need to meet the following criteria:

  • If the spouse who wants to get a divorce files a divorce form documents and proves that 180 days (if there are no underage children) or 365 days (if there are) have passed since the divorce form documents were served on the his or her party, and that the spouses have been living separately for that whole time, then the court will grant the divorce. For this case both spouses have to leave separately from each other before Louisiana divorce papers were registered in the court.
  • If the petitioner files for divorce and proves that the spouses have already been living apart for 180 or 365 days, as the case may be, then the court will grant the divorce. 

Also, the interested person must provide the court with grounds on which he or she believes that the marriage should be terminated. These include:

  • The spouse committed a crime during the marriage, was convicted and served a prison sentence;
  • Refusal to fulfill matrimonial obligations for a period of at least 1 year;
  • Spouses do not voluntarily live together for at least 18 months;

The peculiarity of the uncontested divorce is that the spouse must agree to all the disputable issues, including the grounds for divorce.

How to serve divorce papers in Louisiana

After the interested party filed a petition for divorce in court, he or she is required to serve his or her spouse about the beginning of the process of divorce in Louisiana. In order to make it simpler, the interesed person can transfer copies of documents to the spouse and ask them to sign the "Waiver of Service" form.

If there are issues in the relationships, the interested person can use the services of a local sheriff who will notify the spouse about the initiation of the divorce process and will provide him or her with all the necessary documents.

If the interested person doesn't know the location of his or her spouse, then he or she can order a publication in the newspaper where it is informed about the beginning of the divorce in Louisiana. This will be enough for the court to make sure that the interested perosn notified the spouse.

If spouses submitted all the necessary Louisiana divorce papers and agree with all divorce issues, then getting a divorce can take from 20 to 40 days.

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Filing fees for divorce in Louisiana

Total fees will contain sum of Louisiana court filing fees and cost of using the service of OnlineDivorce.com. This cost may vary by county. It is possible check with the local court officer to determine the exact amount.