Divorce In Louisiana: The Basics
If you need help navigating the complex laws that govern Louisiana divorces, the attorneys and dedicated legal professionals at Evans & Franklin in Bossier City are here to explain your legal options and answer all of your questions.
We understand that divorces can be emotionally trying, which is why we strive to make the process as easy as possible on you and your family ― making every effort along the way to minimize your costs and avoid unnecessary fights. However, we also recognize that amicable resolutions are not always feasible, which is when our attorneys’ litigation experience becomes invaluable.
In any case, our compassionate lawyers will work with you to help create a personalized legal strategy geared toward your distinct needs. We help people throughout the greater Shreveport area.
Interested in how our divorce attorneys can help?
Judgement 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.
(3) The other spouse has committed a felony and has been sentenced to death or imprisonment at hard labor.
(4) During the marriage, the other spouse physically or sexually abused the spouse seeking divorce or a child of one of the spouses, regardless of whether the other spouse was prosecuted for the act of abuse.
(5) After a contradictory hearing or consent decree, a protective order or an injunction was issued during the marriage against the other spouse to protect the spouse seeking the divorce or a child of one of the spouses from abuse.
How Is Property Divided During Divorce In Louisiana?
While many issues often need to be addressed during divorce ― such as child support, alimony, child custody and visitation ― one of the most important matters to be resolved is property partition. For instance, you will need to determine who will be able to use the family home, not to mention how bank accounts and other assets will be divided.
If divorcing spouses are able to reach an amicable arrangement regarding property partition, they can outline the details of their understanding in a property settlement agreement. However, if they are unable to reach an agreement, a court will then have to value the couple’s community property and then divide it between them.
Essentially, community property is any property acquired during your marriage and can include houses, real estate, vehicles, cash, pensions, retirement accounts and other assets. Conversely, property owned prior to marriage, personal gifts during marriage and inheritances are considered separate property, and are generally not subject to division upon divorce. Therefore, as long as no prenuptial agreement exists, community property will be divided equally and separate property remains with the appropriate spouse.
With more than four decades of combined legal experience, family law attorneys Jarred Franklin and John W. Evans Jr. have handled virtually every aspect of property division in Louisiana ― everything from disputes involving dogs to the distribution of multi million-dollar estates.
Contact An Experienced Attorney Today
Regardless of whether you are already preparing for divorce or simply contemplating one, we can help. You can reach us online or by calling 318-746-7467.