Divorce Attorney - The Nuts and Bolts of Divorce in Louisiana

In Louisiana, most of the law that a divorce attorney considers is governed by the Louisiana Civil Code titled five. There are several different types of ending a marriage in Louisiana. The first type that is common is where a spouse can file for before living separate and apart for the requisite time. The papers that are drafted can be waived by the other side or they can be served. If they are waived, it can also be possible to waive further notice of trial for the judgment ending the marriage. Once the parties have lived separate for a sufficient amount of time, a trial court can enter a judgment ending the marriage but it likely will require a hearing.

The second type of filing that is often used is when divorce attorney files after the spouse has waited the requisite time. Generally speaking, if there are children of the marriage then he or she must wait 365 days before judgment ending the marriage can be entered, and if there are no children of the marriage, then the requisite time period to live separate and apart is 180 days. Once the judgment has been entered, the husband or wife may seek a determination of final periodic spousal support from the other spouse. When determining whether or not a party is entitled for final periodic spousal support, the trial court looks at several factors.

The Louisiana Civil Code lists several factors that a trial court must consider. The most obvious factor is the income and means of the parties including the liquidity of such means. One may be asking what the heck does that mean. Well let's take a hypothetical a divorce attorney may encounter. Sam and little Jane finally got their long-awaited judgment ending the marriage. However, little Jane cannot live without the support of Sam. During the marriage, Sam worked offshore. While he was never home, he made tons of cash drilling oil off the coast of Louisiana. Specifically, he made $125,000 a year. Additionally he owns several rental properties, had no debt, no delinquent taxes, and was in relatively good health. Little Jane on the other hand, has no assets, no income because she is disabled, and lives off of disability. Under the circumstances, a divorce attorney might be successful in requesting a trial court in awarding little Jane some periodic spousal support. (Sam's assets including his property and income earned during the marriage will be considered in determining an approximate award for periodic spousal support.)

One may be asking, how long will have to pay periodic spousal support? If the spouse being paid periodic spousal support remarries, then final periodic spousal support terminates. And of course final periodic spousal support terminates upon the death of either party.

Now that we have talked about permanent spousal support, let's go back and talk about interim spousal support. Interim spousal support is support awarded before a final periodic spousal support award. Interim spousal support is simply there to maintain the status quo. For example, Sam will be required to make payments sufficient to keep little Jane's standard of living the same as it was when they were married.

Other issues that can accompany family law proceedings often involve community property. Hence, it is ever so more important to contact an experienced divorce attorney. It goes without saying that when dealing with child custody things can be very serious.

Will Beaumont is a lawyer in New Orleans. This article is informational, not legal advice.