Louisiana Family Laws
Louisiana Divorce, Child Support & Custody Law
DIVORCE
A divorce shall be granted upon motion of the spouse when either spouse has filed a petition for divorce and upon proof that one hundred eighty days have elapsed from the service of the petition or from the execution of written waiver of the service, and that the spouses have lived separate and apart continuously for at least one hundred eighty days prior to the filing of the rule to show cause. The motion shall be a rule to show cause filed after all such delays have elapsed. However, if you have children from your marriage, you must be separated for one year in order to obtain a divorce.
A divorce shall also be granted on the petition of a spouse upon proof that:
- The spouses have lived separate and apart continuously for a period of six months or more on the date the petition is filed;
- The other spouse has committed adultery;
- The other spouse has committed a felony and has been sentenced to death or imprisonment at hard labor.
CHILD SUPPORT
Child support is based on a number of factors including the number of children, income of the parties, other children of the parties, tax status, and other special circumstances. A family law attorney should work with you to present your situation to the court to obtain a level of child support that is fair. Because child support payments over the life of the children can often amount to an excess of $150,000, care must be taken when the initial order of child support is first entered.
CHILD CUSTODY
Normally, a child must have lived in Louisiana for six months for the Louisiana court to have legal jurisdiction over the child. Typically, courts award joint custody to both parents with one parent designated as the primary custodial parent, the household in which the children live. The other parent gets reasonable visitation: every other weekend, holidays and six weeks in the summer. However, custody judgments take all forms and most custody judgments are by agreement. If the parties do not agree on an arrangement, the court will normally have all parties, including the children, evaluated by a custody specialist. The specialist will make a recommendation to the court and the parties may then agree or proceed to trial to determine custody.
