Family law cases are often very emotional and stressful because the outcome can change families’ lives. Understanding the basics of Louisiana family law can help you prepare yourself and determine how the state law may apply to your family’s unique situation.

The Requirements for a Divorce

For a divorce to be granted in Louisiana, there must be a waiting period that has passed. This required waiting period depends on whether the parties have children or not. If parties have minor children, the required waiting period is longer than if they don’t.

Louisiana allows two types of divorce judgments:

1. Article 102 divorce. If either spouse files for divorce and provides proof that the required period of separation has passed while the spouses have lived separately after the petition was served to the other spouse, the divorce can be granted.
2. Article 103 divorce. If either spouse files for divorce, the divorce will be granted if there is proof that:
   1. Spouses have already met the required period of separation while continuously living apart on the day that the petition is filed.
   2. The non-filing spouse committed adultery.
   3. The non-filing spouse was convicted of a felony, resulting in a sentence of death or hard labor imprisonment.
   4. The non-filing spouse committed physical or sexual abuse against the filing spouse during the marriage or against one of their children. This is grounds even if the non-filing spouse was not prosecuted for this.
   5. An injunction or protective order was placed on the non-filing spouse during the marriage to protect the filing spouse or their children from abuse.

These reasons for divorce do not all apply to covenant marriages, which are unique types of marriages in Louisiana. This is a marriage between a man and a woman who agree to the marriage as a lifelong arrangement. The circumstances for divorce from covenant marriages are much more complex.

Property Division in Divorce

When a couple divorces, their community property is divided. Community property is the assets and debts that:

• Were obtained during the marriage due to the effort or skill of either spouse.
• Were acquired with community property or both community and separate property.
• The products of community property.
• Damages awarded in a judgment related to community property.

Separate property is each spouse’s exclusive assets and debts and is not divided in a divorce. This generally includes assets and debts obtained prior to the marriage or only under one spouse’s name.

Spouses can reach an agreement on how to divide their community property outside of court during the divorce. If they can’t reach an agreement, the court will divide their assets equally. Each party receives an equal net value of community assets, considering factors about each asset, such as its origin and the economic status of each party when assigning assets to each spouse.

Divorce and Spousal Support

Divorce may also include the awarding of spousal support to one party. Louisiana allows for interim spousal support during the divorce proceedings, or final periodic support as part of the divorce decree, or both. Each type of support is based on factors like the resources of each party and the need for financial support.

Decisions for Children

Court decisions made about children can occur in divorce cases, paternity determinations, and when unmarried parents separate. Child custody, visitation, and support are the primary decisions that are made, and each of these determinations is based on the child’s best interests.

The court reviews several factors when deciding what is in the child’s best interests. This includes some of the following:

1. The likelihood of a child being abused is the court’s primary consideration.
2. Each parent’s ability and willingness to provide their child with love, affection, guidance, and continued education.
3. The ability and willingness of each parent to provide a child with shelter, food, clothing, healthcare, and other needs.
4. The child’s history and connection with their home, school, and community.
5. The relationship and affection between the child and each parent.
6. Each parent’s willingness to encourage the child’s relationship with the other parent, except in situations where the relationship puts the child in danger.
7. Each parent’s prior engagement and responsibility in taking care of their child.

The court reviews these and more factors to determine the custody arrangement that is right for a child. The court often prefers joint custody unless it is not in the child’s interests. Child support determinations are calculated based on the custody arrangement, the basic support needs of the child or children, each parent’s income, and other factors.

FAQs

What Rights Do Fathers Have in Louisiana?

When parents have legally established paternity in Louisiana, parents have equal parental rights, including:

• The right to make legal decisions for their child.
• The right to pursue visitation rights and petition for custody of their child.
• The right to receive or provide child support to the other parent to provide for their child’s needs.

How Is Child Custody Determined in Louisiana?

Child custody is determined in Louisiana based on the child’s best interests. The court will review several factors in determining the interests of a child, including:

• Whether the child might be abused in a custody arrangement.
• The permanency of the child’s home and the importance of keeping that permanency.
• Each parent’s moral fitness, if it affects their child.
• The mental and physical well-being of both parents and the child.

Can a Mother Move a Child Away From the Father in Louisiana?

Yes, a mother may be able to move a child away from the father in Louisiana if she follows the necessary legal procedures. When parents share custody, the parent who wishes to relocate will either need the approval of the other parent or the authorization of the court. If a parent has sole custody of a child, notice may still need to be provided to the other parent.

Do You Have to Pay Child Support If You Have 50/50 Custody in Louisiana?

Yes, you likely must pay child support if you have 50/50 custody in Louisiana. Though the goal is equal parenting time, one parent may actually have more parenting time and, therefore, need to cover additional childcare costs. One parent may have a higher income. Additionally, there are some expenses that cannot be split in half. Child support payments ensure each parent is paying for their proportional amount of support.

Navigating a Louisiana Family Law Case

For other questions about family law in Louisiana or to find compassionate and skilled legal representation for your case, contact Eric S. Neumann, Attorney at Law.