Louisiana divorce statutes §Art. 103.1. Judgment
of divorce; time periods
The requisite periods of time, in accordance with Articles 102 and 103 shall be as follows:
(1) One hundred eighty days:
(a) Where there are no minor children of the marriage; or
(b) Upon a finding by the court, pursuant to a rule
to show cause, that the other spouse has physically or sexually abused the spouse seeking divorce or a child of one of the
spouses; or
(c) If, after a contradictory hearing, a protective order or an injunction has been issued, in accordance
with law, against the other spouse to protect the spouse seeking the divorce or a child of one of the spouses from abuse
and is in effect at the time the petition for divorce is filed.
(2) Three hundred sixty-five days when there are minor
children of the marriage.
|
Louisiana divorce statutes Art. 102. Dissolution; living
separate and apart prior to rule
Except in the case of a covenant marriage, a divorce shall be granted upon motion of a spouse when either
spouse has filed a petition for divorce and upon proof that the requisite period of time, in accordance with Article 103.1,
has 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 the requisite period of time, in accordance with Article 103.1, 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.
Back to Top↑
|
 |
Louisiana divorce statutes § Art. 113. Interim
spousal support allowance pending final spousal support award
Upon motion of a party or when a demand for final spousal support is pending, the court may award a party an interim
spousal support allowance based on the needs of that party, the ability of the other party to pay, and the standard of living
of the parties during the marriage, which award of interim spousal support allowance shall terminate upon the rendition of
a judgment of divorce. If a claim for final spousal support is pending at the time of the rendition of the judgment
of divorce, the interim spousal support award shall thereafter terminate upon rendition of a judgment awarding or denying
final spousal support or one hundred eighty days from the rendition of judgment of divorce, whichever occurs first. The
obligation to pay interim spousal support may extend beyond one hundred eighty days from the rendition of judgment of divorce,
but only for good cause shown.
A. When a spouse has not been at fault and is in need of
support, based on the needs of that party and the ability of the other party to pay, that spouse may be awarded final periodic
support in accordance with Paragraph B of this Article.
B. The court shall consider all relevant factors in determining the amount and duration
of final support. Those factors may include:
(1) The income and means of the parties, including the liquidity of such means.
Louisiana divorce statutes Art. 112. Determination of final periodic support |
(2) The financial obligations
of the parties.
(3) The earning capacity of the parties.
(4) The effect of custody of children upon a party's earning capacity.
(5) The time necessary for the claimant
to acquire appropriate education, training, or employment.
(6) The health and age of the parties.
(7) The duration of the marriage.
(8) The tax consequences to either or both parties.
C. The sum awarded under this Article shall not exceed one-third
of the obligor's net income.
Louisiana divorce statutes Art. 243. Termination of duty to pay alimony.
The obligation of giving such alimony ceases, when the illegitimate child is able to earn his subsistence
by labor, or whenever his father or mother have [has] caused him to be instructed in an art, trade or profession fit to procure
him a sufficient livelihood, unless some continual sickness or infirmity prevents such child from working for his subsistence.
The debt of alimony ceases likewise to be due from the estate of the father or mother of the illegitimate
child whenever either of them has provided during his or her life a sufficient maintenance for his or her illegitimate child,
or have made to him donations or other advantages which may be sufficient for that purpose.
Back to Top↑ |
|
Louisiana divorce statutes § Art. 103. Judgment
of divorce; other grounds
Except in the case of a covenant marriage, a divorce shall be granted on the petition of a spouse upon
proof that:
(1) The spouses have been living separate and apart continuously for the requisite period of time,
in accordance with Article 103.1, or more on the date the petition is filed;
|
(2) The other spouse has committed
adultery; or
(3) The other spouse has committed a felony and has been sentenced to death or imprisonment
at hard labor.
Back to Top↑
|
|
Louisiana divorce statutes § Art.
2374. Divorce settlement. Judgment
of separation of property
A. When the interest of a spouse in a community property regime is
threatened to be diminished by the fraud, fault, neglect, or incompetence of the other spouse, or by the disorder of the
affairs of the other spouse, he may obtain a judgment decreeing separation of property.
B. When a spouse is an absent person, the other spouse is entitled
to a judgment decreeing separation of property.
|
C. When a petition
for divorce has been filed, either spouse may obtain a judgment decreeing separation of property, by a rule to show cause
and upon proof that the spouses have lived separate and apart without reconciliation for at least thirty days from the date
of, or prior to, the filing of the petition for divorce and have not reconciled.
D. When
the spouses have lived separate and apart continuously for a period of six months, a judgment decreeing separation of property
shall be granted on the petition of either spouse.
Back to Top↑
|
|
|
Louisiana divorce statutes § Art.
136. Award of
visitation rights
A. A parent not granted custody or joint custody of a child is entitled to reasonable visitation
rights unless the court finds, after a hearing, that visitation would not be in the best interest of the child.
B. Under
extraordinary circumstances, a relative, by blood or affinity, or a former stepparent or step grandparent, not granted custody
of the child may be granted reasonable visitation rights if the court finds that it is in the best interest of the child. In
determining the best interest of the child, the court shall consider:
(1) The length and quality of the prior relationship
between the child and the relative.
(2) Whether the child is in need of guidance, enlightenment, or tutelage which can
best be provided by the relative.
3) The preference of the child if he is determined to be of sufficient maturity to
express a preference.
(4) The willingness of the relative to encourage a close relationship between the child and his |
parent or parents.
(5) The mental and physical health of the child and the relative.
C. In accordance with Paragraph B of this Article,
extraordinary circumstances may include when a parent is addicted to a controlled dangerous substance.
D. In the event
of a conflict between this Article and R.S. 9:344 or 345, the provisions of the statute shall supersede those of this Article.
Louisiana divorce statutes Art. 136.1. Award of visitation rights
A child has a right to time with both parents. Accordingly, when a court-ordered schedule of visitation,
custody, or time to be spent with a child has been entered, a parent shall exercise his rights to the child in accordance
with the schedule unless good cause is shown. Neither parent shall interfere with the visitation, custody or time rights
of the other unless good cause is shown.
Back to Top↑ |
|
Louisiana divorce statutes § Art.
231. Basis for
granting alimony.
Alimony shall be granted in proportion to the wants of the person requiring it, and the circumstances of those who are
to pay it.
Louisiana divorce statutes Art. 115. Extinguishment of spousal support obligation
The obligation of spousal support is extinguished upon the remarriage of the obligee, the death of either
party, or a judicial determination that the obligee has cohabited with another person of either sex in the manner of married
persons.
Louisiana divorce statutes Art. 112. Determination of final periodic support
Back to Top↑
|
A. When a spouse has not been at fault and is in need of support,
based on the needs of that party and the ability of the other party to pay, that spouse may be awarded final periodic support
in accordance with Paragraph B of this Article.
B. The court shall consider all relevant factors in determining the amount and duration of final
support. Those factors may include:
(1) The income and means of the parties, including the liquidity of such means.
(2) The financial obligations
of the parties.
(3) The earning capacity of the parties.
(4) The effect of custody of children upon a party's earning capacity.
(5) The time necessary for the claimant
to acquire appropriate education, training, or employment.
(6) The health and age of the parties.
(7) The duration of the marriage.
(8) The tax consequences to either or both parties.
C. The sum awarded under this Article shall not exceed one-third
of the obligor's net income.
|
|
Louisiana divorce statutes § Art.
94. Absolutely
null marriage. Annulment
A marriage is absolutely null when contracted without a marriage ceremony, by procuration, or in violation of an impediment. A
judicial declaration of nullity is not required, but an action to recognize the nullity may be brought by any interested
person.
Louisiana divorce statutes Art. 95. Relatively null marriage; confirmation
A marriage is relatively null when the consent of one of the parties to marry is not freely given. Such a marriage
may be declared null upon application of the party whose consent was not free. The marriage may not be declared null
if that party confirmed the marriage after recovering his liberty or regaining his discernment.
Louisiana divorce statutes Art. 96. Civil effects of absolutely null marriage; putative marriage |
An absolutely null marriage nevertheless produces civil effects in favor of a party who contracted it
in good faith for as long as that party remains in good faith.
When the cause of the nullity is one party's prior un dissolved
marriage, the civil effects continue in favor of the other party, regardless of whether the latter remains in good faith,
until the marriage is pronounced null or the latter party contracts a valid marriage.
A marriage contracted by a party in
good faith produces civil effects in favor of a child of the parties.
A purported marriage between parties of the same sex
does not produce any civil effects.
Louisiana divorce statutes Art. 97. Civil effects of relatively null marriage
A relatively null marriage produces civil effects until it is declared null.
Back to Top↑
|
|
Louisiana divorce statutes § Art.
131. Court to determine
custody
In a proceeding for divorce or thereafter, the court shall award custody of a child in accordance with the best interest
of the child.
Louisiana divorce statutes Art. 132. Award of custody to parents
If the parents agree who is to have custody, the court shall award custody in accordance with their agreement unless the
best interest of the child requires a different award.
Back to Top↑
|
In the absence of agreement, or if the agreement
is not in the best interest of the child, the court shall award custody to the parents jointly; however, if custody in one
parent is shown by clear and convincing evidence to serve the best interest of the child, the court shall award custody to
that parent.
Louisiana divorce statutes Art. 142. Modification or termination
of child support award
An award of child support may be modified if the circumstances of the child or of either parent materially
change and shall be terminated upon proof that it has become unnecessary.
|
|
The Louisiana divorce laws that
appear here may not include all provisions of Family Law. Some editing has occurred. You should consult the code
or an Louisiana divorce attorney.
|
|
