Statutory Reference to Louisiana Revised Statutes Annotated and Louisiana Civil Code Annotated:

Residence: Code Civ. Proc. Ann. art. 10B

Divorce: Civil Code Ann. art. 103

Alimony: Civil Code Ann. arts. 111 & 112

Property Division: Revised Stat. Ann. § 9:2801(4)

Custody: Civil Code Ann. arts. 131-134

Visitation: Civil Code Ann. art. 136; Rev. Stat. Ann. § 9:331-369.

Child Support: Rev. Stat. Ann. § 9:315-315.15.

 

Residence:

Six months residence required of complainant.

 

Grounds:

Except in the case of a covenant marriage, divorce shall be granted upon motion of either spouse upon proof of 180 days' lapse since service or petition and separation of 180 days before filing of motion.

 

Party to a covenant marriage may be granted divorce upon proof of two years' separation without reconciliation; one year's separation without reconciliation since entry of judgment of separation; 18 months' separation if there are children; or upon proof the other spouse committed adultery, a felony and has been sentenced to death or hard labor, abandonment of the marital domicile for one year, or abused the petitioner or a child of either party. 

 

Distribution of Property:

Community property regime.  Community assets and liabilities are divided so that each spouse received property of equal value. 

 

Alimony/Spousal Support:

The court may award final periodic support, up to 1/3 of the obligor's net income, to a party free from fault based on the needs of that party and the ability of the other to pay. 

 

Child Custody/Visitation:

The court shall award custody in accordance with the parents' agreement, unless the best interests of the child require otherwise. 

If there is no agreement, or if the agreement is not in the best interests of the child, the court shall award joint custody, unless custody by one parent is shown by clear and convincing evidence to serve the child's best interests.  Factors for determining the child's best interests include a stable environment and the primary caretaker preference. 

The parent not awarded custody is entitled to reasonable visitation. 

 

Child Support:

Child support guidelines are statutory.  They are based on the Income Shares Model, and are based on gross income of the parents.