Is Louisiana a no-fault divorce state?

On Behalf of | Feb 5, 2017 | Divorce |

When you file for divorce in Louisiana, you can choose either fault or no-fault grounds. While most of the divorces in the state are no-fault, if you want to gain an advantage during a divorce, the fault grounds may help.

A no-fault divorce means that you don’t have to prove that your soon-to-be ex-spouse did anything wrong that led to divorce. No-fault grounds for divorce require that the couple must be separated for a period of at least six months. The two fault grounds for divorce are the conviction of a felony or adultery. Proving these in court could help you get more when the marital property is divided.

There are alternatives to divorce in Louisiana. For example, an annulment is possible under grounds of bigamy, incest, fraud, coercion or distress. A legal separation is also possible, although it doesn’t end a marriage. The defense to a divorce filing in the state is reconciliation.

Louisiana is a community property state, which means that any assets, income or property that was earned or purchased by either spouse are considered marital property. It will be divided equally during the divorce.

Anyone who goes through a divorce can find it is an emotional and difficult process. An attorney can help you determine what is yours or what you should fight for during the divorce. If you have children, determining custody and visitation can often be very contentious.

The choice to divorce is not a decision that should be made without a lot of consideration. Your attorney can provide advice and guidance throughout the divorce process so you can make informed decisions.

Source: FindLaw, “Louisiana Divorce Laws,” accessed Feb. 05, 2017


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