Divorce in Louisiana: everything you need to know
From filing to costs and how you can save money, this guide will take you through divorce in Louisiana.
Summary
There are two types of divorce in Louisiana – fault-based and no-fault.
The average cost of a divorce in Louisiana is $12,600, which includes $9,800 in attorney fees and $2,800 in court costs and other expenses.
Louisiana has a mandatory separation period of 180 or 365 days before a judge can grant a final divorce, depending on whether you have children or not.
A financial advisor can help you navigate your finances during a divorce and rebuild afterward.
What are the different types of divorce in Louisiana?
Louisiana recognizes two types of divorce: no-fault and fault-based.
No-fault divorce
A no-fault divorce means that you do not have to prove that your spouse did something wrong to end the marriage.
You must show that you and your spouse have lived separately for a certain period, the length of which depends on whether you have children.
If you have children, you have to live separately for one year before filing for a no-fault divorce. If you do not have children, you only have to live separately for six months.
Fault-based divorce
A fault-based divorce means that you have to prove that your spouse committed a specific ground for divorce, such as adultery, abuse, abandonment, or imprisonment.
You have to provide evidence of your spouse’s misconduct, which may involve witnesses, documents, or private investigators. Your spouse can also contest the allegations and try to prove their innocence.
How much does a divorce cost in Louisiana?
According to Lawyers.com, the average cost of a divorce in Louisiana is $12,600, which includes $9,800 in attorney fees and $2,800 in court costs and other expenses.
However, this is just an estimate, and your actual cost may vary depending on your situation.
The cost of a divorce in Louisiana depends on several factors, such as whether you and your spouse agree on the terms of the divorce, whether you have children or property to divide, and whether you need a lawyer or not.
Some ways to reduce the cost of a divorce in Louisiana are:
Filing for an uncontested divorce: This means you and your spouse agree on all the issues and do not need a trial.
Using mediation or arbitration: These are alternative dispute resolution methods that can help you and your spouse settle without going to court.
Representing yourself in court: You should only go down this route if you have a simple case and are comfortable with the legal process. This is not recommended if you have complex issues or need legal advice.
Shopping around for a lawyer: Different lawyers will charge different rates depending on their experience, reputation, and location. You can also ask for a flat fee or a limited scope representation, which means the lawyer only handles certain aspects of your case.
How do you file for divorce in Louisiana?
To file for divorce in Louisiana, you have to meet the following requirements:
You or your spouse must be a resident of Louisiana for at least 12 months before filing.
You must file in the parish where you or your spouse live or where you last lived together as a married couple.
You must pay a filing fee, which varies by parish but is usually around between $250 and $400.
In Louisiana, the divorce process involves several key steps:
Complete the divorce petition, detailing essential information like names, addresses, marriage and separation dates, reasons for divorce, and any child or property-related matters.
Serve the petition to your spouse personally or via certified mail, providing proof of service to the court.
Await your spouse's response, due within 15 days, where they can agree, disagree, or request changes to the divorce terms.
Negotiate a settlement regarding child custody, support, alimony, and property division, either independently, with legal assistance, or through mediation or arbitration. Submit the agreement to the court for approval.
Finalize the divorce by obtaining a judgment from the court, either by default if your spouse doesn't participate or by consent if both parties agree. The timeframe varies, requiring a minimum of six months for a no-fault divorce or 30 days for a fault-based divorce before it becomes final.
How do you split assets in a divorce in Louisiana?
Louisiana is one of the few states that follow the community property system, which means that most assets and debts acquired during the marriage are considered to belong to both spouses equally, regardless of who earned or spent them.
This includes income, bank accounts, real estate, vehicles, furniture, retirement accounts, and business interests.
The only exceptions are assets and debts that are considered separate property, which are:
Assets and debts that were owned by one spouse before the marriage or received as a gift or inheritance during the marriage
Assets and debts that one spouse acquired after a legal separation or a judgment of divorce
Assets and debts that were excluded by a valid prenuptial or postnuptial agreement
To split the community property in a divorce, the spouses first have to identify and value all the assets and debts. Then, they either agree on how to divide them equally or let the court decide for them.
The court may consider factors such as the spouses’ contributions, needs, and liabilities, as well as the nature and source of the property. If necessary, the court may also order one spouse to pay the other a sum of money to equalize the division.
How does alimony work in Louisiana?
Alimony is not automatic in Louisiana. It depends on each spouse's financial needs and abilities, as well as the duration and fault of the marriage.
There are two types of alimony in Louisiana: interim and final.
Interim alimony
Interim alimony is a temporary payment that one spouse makes to the other while the divorce is pending to cover their living expenses and legal fees.
It is based on the needs of the requesting spouse and the ability of the paying spouse, and it does not depend on either spouse's fault.
Interim alimony ends when the divorce is final or when the court orders otherwise.
Final alimony
Final alimony is a permanent or long-term payment that one spouse makes to the other after the divorce is final to provide them with financial support and prevent them from becoming destitute.
It can only be awarded if the requesting spouse is free from fault in the breakup of the marriage or if the paying spouse is at fault and the requesting spouse is not comparatively more at fault.
The court can modify or terminate final alimony if circumstances change, such as remarriage, cohabitation, death, or retirement.
What happens to children during a divorce in Louisiana?
The main issues that affect children during a divorce are child custody and child support.
Child custody
This refers to the legal rights and responsibilities of each parent regarding the care, control, and upbringing of their children.
There are two types of child custody in Louisiana: physical and legal.
Physical custody refers to where the children live and who provides their daily care.
Legal custody refers to who makes major decisions for the children, such as education, health, religion, and extracurricular activities.
The parents can either agree on a custody arrangement that suits their children’s needs and preferences or let the court decide for them.
Child support
This is a payment that one parent makes to the other to help cover the costs of raising their children, such as food, clothing, housing, education, health care, and recreation.
Child support is based on both parents' income and expenses, as well as the number and needs of the children. The court will use a standard formula to calculate the amount of child support unless the parents agree on a different amount or the court finds that the formula is unfair or inappropriate.
Child support can be modified or terminated by the court if there is a change in circumstances, such as a change in income, custody, or the needs of the children.
How to protect your finances when going through a divorce in Louisiana
Going through a divorce can be a stressful and challenging time, especially when it comes to finances.
Here are some ways you can protect your money when going through a divorce:
Organize finances: Collect all relevant financial documents, from tax returns to retirement accounts, to facilitate fair property and debt negotiation.
Consider mediation: Mediation offers a less taxing alternative to court proceedings, helping resolve key issues like property division and child custody while fostering post-divorce cooperation.
Evaluate Social Security: If you have been married for a decade, you may qualify for benefits based on your ex-spouse's record. This can bolster your retirement income.
Seek professional guidance: Consult a divorce-focused financial advisor to navigate the financial implications and plan for a secure future.
Get expert financial advice
A financial advisor can help you assess your current financial status, create a post-divorce budget, and develop a long-term financial plan that aligns with your needs and goals.
Unbiased can connect you with a financial advisor perfectly suited to meet your needs. Simply provide some details about what you’re looking for, and Unbiased’s platform will match you with your advisor.
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