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This guide has some basic information about divorce in Louisiana state court. There is also a link to a computer program that will create a divorce forms packet. Warning: depending on your situation, you may need additional forms or different forms. These forms do not cover every situation. These forms do not apply to divorce in a state other than Louisiana.
This Guided Assistant tool can help you complete the paperwork required to file an uncontested divorce on your own. This tool is not legal advice. This tool does not not take the place of legal advice from a competent attorney licensed in your state and familiar with the law and facts of your legal issue.
The Uniformed Services Former Spouses' Protection Act (USFSPA), 10 U.S.C. 1408, accomplishes two things: It recognizes the right of state courts to distribute military retired pay to a spouse or former spouse (hereafter, the former spouse), and It provides a method of enforcing these orders through the Department of Defense.
A covenant marriage is similar to a “regular” marriage but includes additional legal steps. The covenant marriage sets out harder requirements to end a marriage and puts you into a tougher system of divorce laws. Covenant Marriages were developed by the Louisiana legislature to encourage couples to go through religious or professional counseling before filing for divorce. A covenant marriage allows the couple to show their intent to enter the marriage as a lifelong commitment.
This resource explains the basics of contempt of court and enforcing court orders.
In a divorce, the Court can address certain issues including custody, visitation, or support of a minor child; support for a spouse; injunctive relief; use and occupancy of the family home or use of community movables or immovables; or use of personal property.
The ABA Military Pro Bono Project—managed by the ABA Standing Committee on Legal Assistance for Military Personnel (LAMP)—accepts case referrals from military attorneys on behalf of junior-enlisted, active-duty military personnel facing civil legal issues, and it works to place these cases with pro bono attorneys. The Project is also the platform for Operation Stand-By, through which military attorneys and other pro bono attorneys may seek attorney-to-attorney guidance.
Partition is the legal term for the process of dividing money, property, and debts after a divorce. If the former spouses can agree on who will receive the property and who will pay the debts, the Court can approve a Consent Judgment of partition. Otherwise, the Court can decide disputes about whether property is community or separate and divide the money and debts between the spouses.
Fault-based divorce in Louisiana is based on Louisiana Civil Code article 103. This article discusses divorces on the grounds that a spouse committed adultery, domestic violence, or has been convicted of a felony and sentenced to death or imprisonment at hard labor.
In Louisiana, changing the address where a child lives most of the time can be classified as a "relocation," and if the move is more than 75 miles away, the person moving the child may have to follow a special procedure before the relocation. This guide explains when Louisiana's relocation law applies and how the relocation procedure works.
This article is taken from the Louisiana State Bar Association brochure "Community Property: What is Mine? What is Yours?" The article explains what matrimonial agreements are and when they need judicial approval. This page includes a link to the original brochure.
The time required to get a divorce in Louisiana depends on whether a spouse seeks a fault-based or no-fault divorce. For a no-fault divorce, the time required depends on whether there are minor children of the marriage.
The law does not require an answer to be filed in response to a petition for divorce. This article explains the purpose of an answer, the amount of time a party has to file an answer, and the reasons a spouse might want to file one in response to a petition for divorce.
If a spouse files a petition for divorce but the case does not move forward for a certain period of time, the divorce may become "abandoned," by operation of law. This article explains what abandonment means, when it occurs, and what a spouse may be able to do to get a divorce after an abandonment.