Getting married is a big step in life, and it is expected that two individuals would stay committed to each other through thick and thin. However, sometimes it happens that people grow apart, feel unhappy in their relationship and may decide to separate. While divorces are often difficult, they become even more complex when one person is incarcerated. So, what are the rules for divorce when one spouse is in prison in Louisiana? This question is explored in this article.

Introduction

Marriage is the legally binding commitment that two people make to each other to share their lives together. And divorce is the legal dissolution of that commitment. When a marriage falls apart while one spouse is in prison, it can be a complicated process. This article sets out the rules for divorce when one spouse is incarcerated in Louisiana.

Divorce process in Louisiana

In Louisiana, the spouse who wants to file for divorce must meet residency requirements, which mean that they should have been living in the state for at least six months before filing for a divorce. Louisiana is a no-fault state, which means that the filing spouse does not have to prove that their spouse is at fault for causing the breakdown of the marriage.

Divorce when one spouse is incarcerated

When one spouse is in prison, divorce proceedings can be a bit different. There are still legal requirements that must be met, but the process may take a little longer.

Contacting your spouse

In order for a divorce to be granted, the incarcerated spouse must be notified of the proceedings. The filing spouse can request that their incarcerated spouse be served with divorce papers by mail or by a process server. Additionally, spouses who are incarcerated in Louisiana are allowed to attend court hearings related to their divorce, either in person, or by audio or video conference.

Division of assets

When it comes to the division of property and assets, there are generally two types in Louisiana: community property and separate property. Community property is considered assets that were acquired during the marriage by both parties, while separate property is acquired before marriage or after divorce. Any assets acquired during the marriage are subject to division in a divorce; however, an incarcerated spouse may have limited access to property obtained during the time of the marriage.

Child custody

Child custody can be a complicated issue when one parent is incarcerated. In Louisiana, the court always strives to make decisions that are in the best interest of the child. This means taking into account factors like the child’s relationship with the incarcerated parent, the distance between the parent’s prison and the child’s home, the safety of the child and other relevant factors.

The incarcerated parent may not have physical custody of the child, especially if the prison is located in another state. However, even if a parent is incarcerated, they may still be awarded visitation rights, so as to maintain the connection with their child.

Spousal support

In Louisiana, just like in most states, spousal support – also known as alimony – may be ordered in cases where one spouse is incarcerated. In determining the amount of spousal support, the court takes into account factors like the length of the marriage, the earning capacity of each spouse and their respective needs. However, it is important to note that if the incarcerated spouse is unable to earn an income, this may impact the amount of support they can receive.

Conclusion

Divorcing a spouse who is in prison can be a challenging and lengthy process. The incarcerated spouse might not have access to legal resources or the finances to hire an attorney to represent them. Additionally, the process might take longer because of logistical issues like serving papers, communicating with the other spouse and attending court hearings. However, with the help of a qualified divorce attorney, it is possible to navigate the legal complexities of a divorce while one spouse is incarcerated.