Louisiana No Fault Divorce

• In case of this sort of divorce, there is no requirement of marital breakdown
• After the divorcing partner has been served with the Petition for divorce, there is no need to answer it
• A motion must be filed in the court in order to obtain the final Judgment of Divorce

Grounds of Louisiana No Fault Divorce

The ground for divorce is that one of the spouse or both desires for a divorce.

Residency requirements of Louisiana No Fault Divorce

• One of the divorcing partners must be residing in this state for minimum 1 year prior to the filing date
• The divorce may be filed in the parish where the couple last resided or whether either partner is domiciled
• A duration of 180 days should elapse, after the date when the Petition was served, for the divorce to be granted

The issue of child support

This state has developed Child Support Guidelines that are assumed to the correct. However, one or more of the following factors may prove that these guidelines are not in the best interests of the child.

• Obligation regarding support of other dependants
• If the combined parental incomes is less than that provided in the charts
• Extraordinary community debt of the parents
• Requirement of temporary or immediate support
• Temporary or permanent disability of the parent from whom support is to be taken
• Extraordinary medical expenditure of the parents or child
• Any other factors that prove that the guidelines do not result in the best interests of the child

The question of child custody

The court is of the opinion that joint custody is in the best interests of the child. However, the following factors are considered while awarding custody.

• Moral fitness of parents
• Distance by which the potential residences of the parents are separated
• Whether the proposed or existing custodial home has permanence as a family unit?
• Physical and mental health of all those involved in the child
• The adjustment of the child to the residence, school and community
• The desires of the parents
• The capacity and wish of each parent to permit a frequent, loving and open relation between the other parent and the child
• The duration for which the child has resided in a satisfactory and stable ambience and the desire to continue the same
• The affection and love that exists between each parent and the child
• In case the child is of enough age and capacity, then, the preference of the child
• The wish and ability of each parent to fulfill the needs of the child
• The social, religious, mental, emotional and physical requirements of the child
• Other related factors

Types of Alimony

During a lawsuit for divorce or separation, if one of the divorcing partners lacks enough income for maintenance, then the alimony granted during this period is called as Temporary Alimony.

After the divorce has been made final, the alimony given is called as Permanent Alimony.

Divorce Papers