Louisiana Divorce Law

Richard E. Griffith
Attorney At Law
839 Kings Hwy Suite 200
Shreveport, Louisiana 71104
(318)222-0337
Contact Richard Griffith  

Divorce
Covenant Marriage
Spousal Support
Property
Restraining/Protective Orders

Divorce and family law issues can be often emotionally difficult and confusing.  I focus my practice on issues pertaining to family law, especially difficult child custody cases.   I provide timely legal services and problem solving services to clients for a reasonable fee. I strive as an attorney and as a person to listen to you, to answer your questions and concerns in plain English, and to be honest, courteous, and respectful.  This website is designed to help provide some basic information on family law issues one might encounter.  There are many different areas of Louisiana family law, divorce, spousal support, child custody, child support, visitation, partition of community property, restraining orders, injunctions, adoption,  just to name a few.

There are four basic stages to domestic litigation:
1. Divorce
2. Spousal support (more commonly known as alimony)
3. Child Custody and Child Support
4. Community Property Partition

This web-site will give you a basic idea of what is entailed in each of the areas listed above. Jurisdiction basically deals with whether a particular Court can hear hear a case.  In general, a divorce can be filed in Louisiana if one or both spouses are domiciled in the state.  A suit  to obtain the legal custody of a minor child can be brought in Louisiana if the child is domiciled in the state.   If a spouse or minor has had an established residence in a parish of Louisiana for six months, they are presumed to be domiciled within the state.  See La. CCP 10

 

DIVORCE

Louisiana Law provides several different ways for a spouse to obtain a divorce:
1. If there are no minor children between the parties, a divorce shall be granted upon proof that you and your spouse have lived separate and apart for at least 180 days from the date of service of the petition of divorce. see La. CC Art 102, and La. CC Art 103.1
2. If there are no minor children between the parties, a divorce shall be granted upon proof that you and your spouse have lived separate and apart for at least 180 days before the filing of a petition for divorce.  see La. CC Art 103 (1) and La. CC Art 103.1
3. If there are minor children between the parties, (Provided there is no physical and/or sexual abuse), a divorce shall be granted upon proof that you and your spouse have lived separate and apart for at least 365 days before the filing of a petition for divorce.  see La. CC Art 103 (1) and La. CC Art 103.1
4. If there are minor children between the parties, (Provided there is no physical and/or sexual abuse), a divorce shall be granted upon proof that you and your spouse have lived separate and apart for at least 365 days from the date of service of the petition of divorce. see La. CC Art 102, and La. CC Art 103.1
5. If there are minor children, but the Court finds that the other spouse has physically or sexually abused the spouse seeking divorce or a child of one of the spouses and/or a protective order or an injunction has been issued, in accordance with law, against the other spouse, the lesser 180 day waiting period will apply.   see La. CC Art 103.1
6. A divorce shall be granted upon proof that your spouse has committed adultery. La. CC Art 103 (2)
7. (7) A divorce shall be granted upon proof that your spouse has committed a felony and been sentenced to death or imprisonment at hard labor. La. CC Art 103 (3) La. CC Art 103 (2)
Covenant marriage : A party to a covenant marriage, (see La. Rev Stat 9:272 -9: 275), can be granted a divorce upon proof that they have lived separate and apart from their spouse for two years without reconciliation, 18 months separation if there are children; upon proof that your spouse committed adultery; upon proof that your spouse committed a felony and been sentenced to death or imprisonment at hard labor; or upon proof that your spouse abused the child of either party.

 

* There are usually (3) separate Court appearances that you need to make in a contested Divorce Hearing::
(1) The first Court hearing concerns custody of any children, child support, restraining orders or injunctions, the use of essential community property, and temporary spousal support.
(2) The second Court hearing is used to finalize the divorce, and to determine permanent spousal support.
(3) The third Court hearing involves splitting up the community property between the two spouses.

 

Spousal Support

The Court may award interim (temporary) periodic spousal support to help a spouse maintain the same lifestyle they had during the marriage.  A party in need and free from fault may receive permanent spousal support up to 1/3 of the other spouse’s income based on the needs of the claimant and the ability of their spouse to pay.

 

Property
 

Louisiana is a community property state.  This basically means that both property and debts are distributed equally among the parties.  A separate law suit must be filed in order to partition the community property.  This suit can be filed at any time after the initial divorce petition is filed.

 

Restraining/Protective Orders
 

If the child(ren) or one of the spouses is in an abusive situation, we can obtain protective orders from a judge without involving the abusive spouse, in order to get the children or spouse out of a bad situation.  A hearing must be had on the order to make any such order permanent.  A protective order is a court order that is designed to stop violent and harassing behavior and to protect you and your family from the abuser.  I also assist in situations of spousal abuse and domestic violence.

Should I see an attorney?

The quick answer to this is YES.  Divorce and Custody proceedings can be extremely complicated.  Entering into any of these proceedings on your own either as a plaintiff or a defendant is never a good idea.

 

CONTACT

Richard E. Griffith
Attorney At Law

839 Kings Hwy Suite 200
Shreveport, Louisiana 71104
(318)222-0337

Contact Richard Griffith

* Military Discounts