If you are going to get a divorce in Louisiana, it’s important for you to understand some of the basics that may apply to your case. Louisiana is a community property state and has its own requirements for divorce including separation and waiting periods.
Here are five things that you need to know about getting a divorce in Louisiana. Knowing your legal rights can help you move ahead with your divorce more easily.
- Louisiana is a community property state
To start with, Louisiana is a community property state, which is unlike most of the states in the country. That means that any income earned by you or your spouse during your marriage, as well as any property received, is shared. The state, normally, will have you divide your property equally upon divorce, not equitably.
- Spousal support is available temporarily or permanently
Spousal support is available for the short-term or permanently, depending on your case. If you’ve been married for decades and rely on your spouse’s support, then you may be looking into permanent alimony. If you’ve had a shorter marriage, you may be able to receive shorter-term support. Since every case is different, it’s necessary to understand how the laws apply.
- There is a waiting period
Before you can get a divorce, there is a waiting period. Once you file the petition, you must wait, and live apart, for at least 180 days.
- You can divorce without fault
If you want to divorce without a fault, such as adultery or the commission of a felony, then you can in Louisiana. You do need to show that you separated for at least six months without reconciliation.
- Fault-based divorces are also possible
If there is a fault that you’re worried about, Louisiana recognizes the conviction of a felony and adultery. With these faults, you can have grounds for an immediate divorce.
These are five facts about Louisiana divorce that you should know. Louisiana has its own special rules and regulations regarding divorce, so it’s important to know where you stand when you intend to file for, and get, a divorce.