Fault-Based Divorce In Louisiana

Ensure you meet the residency requirements for filing for divorce in Louisiana. In general, you or your spouse must live in Louisiana for at least six months before filing.  

Identify and establish the grounds for a fault-based divorce. In Louisiana, fault-based grounds may include adultery. They may also include felony convictions. The sentence is death or imprisonment. They may also include physical or sexual abuse.

Gather all the needed documents. This includes proof of grounds for a fault-based divorce. For example, evidence of adultery or documents related to a felony conviction. Make sure you have all the information about assets, debts, and other issues. The divorce will address them.

Prepare the divorce petition. You may use a preprinted form from the courthouse. Or, you can draft a custom petition. Specify the reasons for divorce and support each allegation with facts.

Prepare at least two copies of your petition to take with you to file in court. 

Take the completed petition to the clerk's office in the parish where you or your spouse live. Or, take it where you and your spouse last lived as a married couple.

Pay the filing fee, which can vary by parish. If you cannot afford to pay the filing fee, then you can ask the court to proceed in forma pauperis (IFP) if you qualify.

The clerk will provide you with a case number and file-stamped copies of the petition.

Arrange for service of process. Notify the other spouse of the divorce filing in writing. Service methods can include personal service. They can also include certified mail with a return receipt. Or, they can use the sheriff's service.

If your spouse disagrees with the divorce papers, they can respond in court. "Contesting the divorce" is the term used for this. You'll then need to attend court sessions to resolve the issues.

If your spouse agrees, he or she should sign and return the papers. This term is an "uncontested divorce." If they don't respond or sign within a set time, you can start one. You could then get a default judgment from the court. The timing depends on when your spouse responds to the divorce papers.

Attend any required hearings, especially if contested issues arise. If there's property to divide or if you need money from your spouse, you'll have to work it out in court. Or, you'll do it in a series of court hearings. You may also decide on custody as part of your divorce. Be prepared to present evidence supporting your grounds for divorce.

In a fault-based divorce, the court may rule against the guilty spouse. This affects spousal support, the divorce itself, and sometimes, child custody or visitation. Once the court settles all issues, it grants the divorce. Don't forget to get a copy of the divorce order.

Spousal support, also known as alimony, is money paid by or to a spouse. The judge looks for two things: first, you need support, and second, you are not to blame for the divorce. Additionally, the judge checks your spouse's ability to pay for final support. You are likely to get final support if your spouse abused you, your child, or their child. Or if the court granted the divorce based on fault. The judge then considers various factors for the amount and duration of support. These include the spouses' incomes, financial obligations, and earning capacities. Also, any necessary education or training for a job. The judge also looks at health, age, and the length of the marriage. Finally, the tax implications and, in abuse cases, the impact and duration of the abuse.

In fault-based divorces, fault can affect child custody and visitation. Decisions focus on the child's best interests. Here's how fault matters:

1. Safety Concerns:

   • For example, domestic violence or substance abuse. These behaviors can lead to less custody for a parent.

2. Parental Fitness:

   • If a parent's actions harm the child, this can have an impact on custody arrangements. The court looks at criminal activity, neglect, or other harmful behaviors.

3. Stability of the home environment:

   • A stable home is crucial. Substance abuse or frequent moving can impact the court's decision.

4. Impact on the child's emotional well-being:

   • The child's emotional well-being is important. Fault that harms the child's feelings can have an impact on custody.

5. Custodial Preferences of the Child:

   • As kids grow, their custody preferences matter. If a child wants to avoid a parent due to their fault, the court considers this.

6. Parental Cooperation:

   • The ability of parents to work together is key. Faults that cause problems in communication can affect custody arrangements.

Domestic violence has a profound impact on fault-based divorces in Louisiana. It can lead to serious consequences for the division of property. The court may consider a violent history when splitting assets and debts. This is especially true if the violence causes financial losses. It also matters if it affects the acquisition of certain properties.