When it comes to considering divorce in Louisiana while living with a spouse who has a criminal record, many individuals are left wondering how this might affect the divorce process. In most states, including Louisiana, a criminal record does not hinder the ability to file for divorce. However, it does have the potential to impact the terms of the divorce proceedings. In this article, we will explore how a criminal record can influence the divorce proceedings in Louisiana, ensuring that you are well-informed about the potential implications.
Filing for Divorce
Filing for divorce in Louisiana does not necessitate any information about your spouse’s criminal record. Instead, you must fulfill the residency requirements for Louisiana, which are as follows:
- You or your spouse must have been a resident of Louisiana for at least 12 months before initiating the divorce proceedings.
- If you were married in Louisiana, either you or your spouse must have remained a resident of the state since then.
- Both you and your spouse must have been residing in Louisiana when the decision to terminate the marriage was made, and at least one of you must have been a resident of the state for at least 6 months prior to filing for divorce.
As long as you meet these residency requirements, you are allowed to file for divorce in Louisiana, regardless of your spouse’s criminal record.
Impact on Property Division
In Louisiana, the division of marital property is guided by community property laws, which entail an equal division of all marital property acquired during the marriage between the spouses. However, if your spouse possesses a criminal record, it could potentially affect the classification of certain assets as separate property, thus excluding them from being divided.
For instance, if one spouse has received money through illegal activities, that money would be deemed as separate property and would not be subjected to division. Furthermore, any assets acquired using that money would also be considered as separate property.
Impact on Spousal Support
When determining spousal support in Louisiana, the court takes into account various factors, including the income of each spouse, the duration of the marriage, and any fault-based grounds for divorce. A spouse’s criminal record can be one such factor that the court considers when making decisions regarding spousal support.
The presence of a criminal record might significantly impact the spouse’s employability and earning capacity, consequently affecting their ability to provide financial support. However, if the criminal record is unrelated to financial matters, its influence on the determination of spousal support might be less substantial.
Impact on Child Custody
In matters concerning child custody, Louisiana courts prioritize the best interests of the child. If one spouse has a criminal record, it could potentially influence their chances of obtaining custody. The court will evaluate the nature of the criminal record and assess whether it poses any threats to the child’s safety and overall well-being.
Nevertheless, it is important to note that a criminal record does not automatically disqualify a parent from obtaining custody. The court will carefully consider all pertinent factors before making decisions regarding custody arrangements.
Conclusion
In Louisiana, a spouse’s criminal record can indeed have an impact on property division, spousal support, and child custody proceedings. However, it does not hinder the ability to file for divorce. If you find yourself contemplating divorce under such circumstances, it is crucial to seek guidance from an experienced family law attorney. They can provide you with valuable insights into your rights and options in light of your spouse’s criminal record, ensuring that you navigate the divorce process effectively and make informed decisions.