Before filing for divorce in Louisiana, there are several requirements the filer must meet. The filer must be a resident of Louisiana for at least a year and the papers must be filed in the parish of where the defendant lives. The court will grant the divorce180 days after the petition is filed with the court. Divorces are granted in fault and no fault cases.
Issues such as spousal support are handled on case-by-case bases. Spousal support is granted on a temporary basis. The state does not have the preference of one parent over the other in child custody cases. Each child's attachment to the parent, the parent's ability to care for the child and the child's mental health are a few of the deciding factors in child custody cases. Child support is awarded to the custodial parent. When parents cannot come to an agreement on child support, the court will refer the parents to mediation.
The two primary forms in any divorce case are the Petition for Divorce and the Final Judgment of Divorce. Depending on the complexity of the divorce there can be up to 20 additional forms to sign. There are a few Louisiana divorce forms that require the signature of both parties. Those forms are the Martial Settlement Agreement, Deceleration under the Child Custody Act and all required forms of verification.
Louisiana is a community property state and all martial property is divided equally in most cases. Certain property such as inheritances, gifts, and premarital property is considered separate property and will not be divided. Before distributing the property, the judge considers the property's value, each spouse’s ability to maintain the property and each spouse's financial needs. The marital home is generally awarded to the custodial parent.
Download Forms: (Collected from FamilyCourts.Org)