Louisiana

Marriage & Family Law Home

How is Alimony Granted?

In Louisiana, a divorced spouse, or an individual going through divorce, dissolution of marriage, or legal separation, may file for periodic support, otherwise known as alimony. ....... Click here to get more info on Alimony

What Constitutes as Gross Income When Determining Child Support?

"Gross income" means:

The income from any source, including but not limited to salaries, wages, commissions, bonuses, dividends, severance pay, pensions, interest, trust income, recurring monetary gifts, annuities, capital gains, social security benefits, workers' compensation benefits, basic and variable allowances for housing and subsistence from military pay and benefits, unemployment insurance benefits, disaster unemployment assistance received from the United States Department of Labor, disability insurance benefits, and spousal support received from a preexisting spousal support obligation; Expense reimbursement or in-kind payments received by a parent in the course of employment, self-employment, or operation of a business, if the reimbursements or payments are significant and reduce the parent's personal living expenses. ....... Click here to get more info on Child Support

What Factors are Considered in Determining Custody?

In any custody or visitation case, the court, upon its own decision, or the decision of any parent or party, or upon decision of the child, can hire an attorney to represent the child if the court decides such an appointment would be in the best interest of the child. ....... Click here to get more info on Custody

What are the Grounds for Divorce?

The state of Louisiana, a spouse must have lived in the state for 265 days before a court will look at a petition. Once that has been met, the spouse wishing a divorce can do so through two methods, the no-fault option and the fault option.

A no fault divorce requires the spouses to have lived separate and apart continuously for at least one hundred eighty days before filing for divorce.

To go the route of a fault divorce, Louisiana recognizes only the following reasons: failure to perform marriage duty or obligation, incompatible due to mental illness or incapacity in either spouse.

(1) The other spouse has committed adu ....... Click here to get more info on Divorce

How are Visitation Rights Granted?

In Louisiana, a biological parent of a minor child may request visitation rights as part of an open divorce, parentage or custody case. A parent seeking visitation may also file a petition for visitation if none of these circumstances apply.

The court will decide a request for visitation based on whether granting a parent visitation would be in the "best interests of the child."

What is considered in a child's "best interests" include:

• The love, affection, and other emotional ties between each party and the child



• The capacity and disposition of each party to give the child love, affection, a ....... Click here to get more info on Visitation

How Does Property Division Work?

Under Louisiana law, marital property, or property acquired during the marriage, is distributed equally (50-50) to each party unless the court finds such a division to be inequitable or parties agree to a different formula under which to divide property. ....... Click here to get more info on Property Division