3. Does the state have grounds for divorce? Yes. In Louisiana, you can file for divorce if:
- You and your spouse have lived separately for the periods of time specified above (180 or 365 days).
- Your spouse has committed adultery — had an affair.
- Your spouse has committed a felony and has been sentenced to death or has been imprisoned.
4. How does Louisiana determine the division of property?
You and your spouse are encouraged to come up with a settlement on your own and present it to the court. If you can’t agree, the court will divide your property for you.
Louisiana is a community property state, which means that any property acquired while you were married will be divided as equally as possible between you and your spouse. Any property acquired as a gift or inheritance and any property acquired before you were married remains your separate property.
When determining how to handle your marital home, the court will consider these factors:
- The value of you and your spouse’s property.
- You and your spouse’s economic needs and circumstances.
- The needs of your children.
- The contributions you and your spouse each made to the acquisition of the community property.
- You and your spouse’s future earning potential.
5. Does Louisiana require mediation before a divorce is granted?
Mediation is not always required, though the court may order you to seek mediation in custody or visitation disputes and put consideration of those issues on hold for as long as 30 days.
6. How does the state determine child custody?
Legal custody and physical custody are two different things. Legal custody outlines how involved each parent is in the major decisions of a child’s life — where a child goes to school, what faith he or she is raised in and other biggies.
Physical custody addresses where a child will live and with whom. Visitation is then negotiated based your physical custody arrangement.
The court will award custody based on your child’s best interest, whether that be joint custody between you and your spouse; sole custody to either of you; or, if necessary, award custody to another person able to provide an adequate and stable environment for your child.
