About Matters Incidental To Divorce
Introduction
Matters incidental to divorce can be raised in the original petition for divorce, in an answer, or in a motion filed with the Court. You can file one motion to ask the Court to decide all of the issues you would like to have decided. This kind of motion can be called a "Motion for Determination of Incidental Matters". You may want to file a motion to ask the Court to decide only one issue. This kind of motion might be a "Rule to Show Cause for Child Custody."
Using this Guide and the Tabs Above
This Guide will help you find articles that explain the legal concepts and standards that the Court will use to make decisions in your case. You can select from the tabs above ("Children", "Financial Support", "Property") that describe the type of issues you may need to learn more about. Within each tab, you will find links to articles and descriptions of the kind of information in each article.
Children
Learn More About Child Custody and Visitation
- Child Custody, Parenting Plans, & Visitation - What is custody and what are the different types of custody in Louisiana? Do mothers always get custody of children in Louisiana? How much evidence is needed to convince the Court of the child's best interest?
- Getting Child Custody - This goes over how the different ways you may get child custody including getting child custody when parents agree and when the court decides who gets custody.
- Best Interest of the Child Standard - Louisiana courts use the "best interest of the child" standard to decide custody disputes. This article lists the factors used by the Courts and a brief explanation of each factor.
Financial Support
Learn About Child and Spousal Support
- Child Support
- Child Support Guidelines For Calculation And Enforcement - Louisiana courts use a fixed formula to determine child support. This article breaks down the formula step-by-step to explain how the Court decides the amount of child support.
- Child Support - Find answers to frequently asked questions about child support. What if the father of my child claims he is not the father? What happens when the payor is not working and has stopped paying support? Do I have to have a custody order before I can seek child support?
- Spousal Support
- About Spousal Support - This article explains spousal support in Louisiana, including how the Court will decide if spousal support should be awarded and how the Court will decide an amount for spousal support.
Property
Learn More About Property Issues in Divorce
- Property Injunction - Either spouse can ask the Court to enter an order that limits the other spouse's legal right to sell, give away, or lease the community property and their right to pledge the community property as collateral. To do this, the spouse will first request a temporary restraining order and then a permanent injunction. This article discusses property injunctions and how to get one.
- Using and Dividing Money - Either spouse can ask the Court to allow them the use of community funds during the divorce process. This article discusses what kind of accounts can be used and what the spouse's responsibilities are when using the money allocated to them by the Court.
- Using and Dividing Community Property - Either spouse can ask the Court to enter an order that allows them to use the family home or cars. If a spouse needs to go to the family home to get their personal belongings, the Court can enter an order for that, too. This article discusses how to ask the Court for the use of property and for an order allowing a spouse to go home to get their things.
- Partition - After the divorce judgment, the spouses can partition their property. This article explains the partition process.