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.
How Do I Get A Divorce?
There are several ways to obtain a divorce in Louisiana. For instance, even if you and your spouse have not experienced a marital breakdown, you can simply file for divorce at any time, which the court will grant after you and your soon-to-be ex have spent 180 continuous days living apart ― or 365 if you have children with your spouse. Essentially, this is Louisiana’s version of a no-fault divorce.
Alternatively, you can file for an immediate divorce if your spouse has committed adultery or has been convicted of a felony and sentenced to life in jail.
However, it is important to mention that these laws only apply to non-covenant marriages in Louisiana. If you and your spouse are in a covenant marriage, the rules change, which is why it is always best to speak to an attorney.
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.