Going through a divorce can be a daunting and overwhelming process, but when your spouse is incarcerated, it can make things even more complicated. If you are seeking a divorce from an inmate in Louisiana, there are several important things you need to know.
Grounds for Divorce in Louisiana
Before you can file for divorce, you must meet certain requirements. Louisiana is a "no-fault" divorce state, which means that spouses can get divorced without proving that one party was at fault for the breakdown of the marriage. The two grounds for divorce in Louisiana are:
- Living separate and apart for 180 days before the filing of the petition, if there are no minor children of the marriage
- Living separate and apart for 365 days before the filing of the petition if there is a minor child of the marriage
Filing for Divorce In Louisiana
When filing for divorce in Louisiana, you must complete several steps. First, you must file a Petition for Divorce with the Clerk of Court in the jurisdiction where you or your spouse reside. To serve the inmate, you must follow proper service of process procedures which requires with the Warden or Secretary of the Department of Public Safety and Corrections (DPSC). The inmate has 15 days to respond to the citation.
Property Division
In Louisiana, property acquired during the marriage is considered community property and is subject to equal division between the spouses upon divorce. However, property acquired before the marriage, as well as inheritances or gifts received during the marriage, are considered separate property and may not be divided upon divorce. Division of property can be more complicated if the inmate has limited access to financial documents or assets, so it is important to seek the advice of an experienced divorce attorney.
Alimony and Child Support
In Louisiana, spousal support (also known as alimony) may be awarded to a spouse who is financially dependent on the other. Factors such as the length of the marriage, the earning capacity of each spouse, and the standard of living during the marriage will be considered. In addition, child support is required to be paid by the parent who does not have physical custody of the child. If the primary caregiver is the spouse of an inmate in Louisiana, it may be more difficult to enforce child support orders.
Child Custody
Child custody can be one of the most contentious issues in a divorce, particularly when one parent is incarcerated. Judges in Louisiana will always consider the best interests of the child when making custody decisions. If it is in the best interests of the child, the incarcerated parent may be granted visitation rights or even custody. However, the incarcerated parent’s criminal history and the length of their sentence may be considered when making decisions about custody.
Conclusion
Divorcing an inmate can be complicated, but understanding the laws and procedures in Louisiana can help you navigate the process. It is important to work with an experienced divorce attorney who can help you achieve your goals while protecting your legal rights. With the right support and guidance, you can successfully navigate the divorce process and move on with your life.