Divorce Law in Louisiana
Are you preparing for an expensive or complicated divorce in Louisiana ? Has your former spouse already hired a lawyer?
Most couples cannot resolve all issues on their own, which is why mediation, negotiation, or a court trial is often necessary to finalize the divorce.
Issues Involved in Louisiana Divorce Law
Before a judge can issue a final ruling, couples must resolve a number of key issues. These decisions can trigger strong emotions for both parties, making the process difficult and unpredictable.
Dividing Property
Dividing marital property, debts, and financial assets is one of the most challenging parts of divorce.
In many states, including Louisiana , nearly everything acquired during the marriage is considered community property. This may include:
- Real estate
- Bank accounts
- Vehicles
- Retirement savings and investments
Some states divide assets equally, while others use an equitable division approach, allowing a judge to consider each spouse’s contribution to the marriage. An equitable split does not always result in a perfect 50/50 outcome, but instead a division the court believes is fair based on the circumstances.
Child Support
Both parents remain financially responsible for their children, even after separation. Support payments help cover basic needs such as healthcare, clothing, food, education, and childcare.
Louisiana uses the Louisiana Child Support Schedule, which calculates monthly support based on the number of children and the parents’ combined adjusted gross income. The schedule applies to monthly income up to $40,000; for higher income cases, the support amount may be determined individually by the court.
Payments can be submitted by mail or online through Louisiana Child Support Enforcement (CSE). If a parent refuses to pay support, CSE has enforcement options including wage withholding, tax refund interception, suspension of driver’s or occupational licenses, passport denial, and contempt of court proceedings.
Alimony
Alimony, also called spousal support, may be ordered depending on the couple’s finances and personal circumstances. A Louisiana judge will consider several factors, such as:
- Whether one spouse needs support
- The other spouse’s ability to pay
- Age and health of both spouses
- Length of the marriage
- Earning capacity and education
- Property division
- Parental duties
- Independent assets or investments
Louisiana law allows two main forms of support: interim periodic support during the divorce and final periodic support after the judgment. To receive either, the spouse requesting support must show financial need and must not be at fault for causing the divorce. Interim support ends 180 days after the divorce is finalized, and final support begins only after interim support expires.
Child Custody and Visitation
Custody issues can be emotionally overwhelming, especially when both parents wish to retain a central role in the child’s life. The court must base all decisions on the best interests of the child.
Under Louisiana law, preventing child abuse is the primary concern. Judges also consider:
- Emotional bonds between child and each parent
- A stable living or school environment
- Any history of substance abuse
- The child’s reasonable preference, if age-appropriate
Courts in Louisiana often award joint legal custody, allowing both parents to make major decisions regarding education, religion, and medical care. Joint legal custody does not guarantee equal parenting time, and sole legal custody does not eliminate visitation rights for the non-custodial parent.
The Process of Going Through Divorce Law in Louisiana
If you are considering divorce, understanding the required steps can help you plan for what comes next.
Step 1: File the Divorce Law Petition
A divorce begins when one spouse files a legal petition to end the marriage. The petition must include:
- Legal grounds for divorce
- Proof that at least one spouse meets state residency requirements
- Any additional information required under Louisiana law
In Louisiana , a no-fault divorce may be granted if the spouses have lived apart continuously for at least 180 days, or 365 days if they share a child under 18.
Step 2: Request Temporary Orders
Because a divorce may take months, temporary orders can provide necessary protection or financial support. Common requests include:
- Child custody or parenting schedules
- Child support
- Spousal support
- Property restraining orders
- Status quo orders
Requesting temporary orders quickly helps ensure you are not left without financial resources, parenting time, or legal protections.
Step 3: Serve Your Spouse and Wait for Their Response
The spouse who files must arrange for the other party to be formally served with divorce paperwork and then file proof of service with the court. If the spouse agrees to accept service voluntarily, they can sign an affidavit confirming receipt. Otherwise, a sheriff or licensed process server must deliver the documents and verify service.
Step 4: Try to Come to an Agreement
An uncontested divorce—where both spouses agree on property division, custody, and support—saves time, reduces stress, and lowers legal fees. Couples may negotiate directly, work with attorneys, or use mediation to reach a settlement.
Step 5: Go to Court
If no agreement is reached, the case proceeds to a Louisiana judge for final decisions. Judges have full authority over custody, asset division, and support, so neither spouse controls the outcome. In Louisiana, District Courts handle divorce cases, while the Family Court of East Baton Rouge Parish has limited jurisdiction over family matters.
Step 6: Receive the Judgment of Divorce
At the end of the case, the judge issues a final judgment of divorce. This document legally ends the marriage and sets out the final rulings on property, debt, child custody, and financial support.
Work With an Experienced Louisiana Divorce Law Attorney
If you are going through a divorce and are unable to reach an agreement with your partner, you should hire an experienced Louisiana divorce law attorney.
A lawyer will fight for you and make sure you get what is yours. We can even help you connect with an attorney across Louisiana state lines.
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!
About the Author
Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.
With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.
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