Louisiana Divorce Laws And Property Division

When it comes to divorce laws, Louisiana stands out as one of the few states in the United States that follows a community property law system. Under this system, all assets and liabilities acquired during a marriage are considered jointly owned by both spouses and should be divided equally in case of separation. However, property division in Louisiana can become complicated due to the state’s unique laws. So, let’s take a deeper look at Louisiana divorce laws and how they impact property division.

Understanding Louisiana Divorce Law Basics

In order to obtain a divorce in Louisiana, the petitioner must file a petition in the district court of their parish. However, in order to successfully file for divorce, the petitioner must prove that the spouses have been living separately and apart for a minimum of 180 days, with or without children, and that there is no prospect of reconciliation. It is important to note that the waiting period is extended to 365 days if children of the marriage are involved.

The Intricacies of Community Property Law in Louisiana

Louisiana is one of the nine states in the US that has adopted community property laws. Under this system, all marital assets and debts are divided equally between the divorcing couple. This means that there is a presumption in Louisiana law that community property should be divided equally with a 50/50 split between the spouses. This division encompasses debts, assets, and property acquired throughout the course of the marriage.

However, it’s important to realize that not all assets acquired during the marriage fall strictly under the definition of community property. Some assets are classified as separate property, meaning they belong solely to one spouse.

Untangling the Concept of Separate Property in Louisiana

Separate property refers to assets owned by either spouse before the marriage, gifts given to one spouse only, inheritances received by one spouse, injury settlements received by one spouse, and any property acquired after the filing of a petition for divorce. It is crucial to differentiate separate assets from community property as they do not belong to both parties and should not be divided.

Nevertheless, the value of separate property acquired during the marriage can be taken into account to offset the community property during the division process.

A Glimpse into Marital Property

Marital property encompasses all the assets acquired during the marriage. In Louisiana, marital property includes real estate, vehicles, household furniture and goods, retirement accounts, financial accounts (such as checking accounts and investments), business interests, stock options, insurance benefits, and even social security benefits. However, there are situations, such as personal injury settlements or inheritance, where determining whether the asset is marital or separate property can prove to be challenging.

Equitable Distribution vs. Community Property

Unlike community property, which Louisiana follows, some states operate under an equitable distribution law system. In this system, the court aims to divide property in a fair and equitable manner, without necessarily dividing it equally.

However, in Louisiana, the community property law seeks to distribute assets equally. Nonetheless, the court may have to consider a fair distribution of assets in complex cases where an equal split would be considered inequitable.

Factors Influencing Property Division

While the goal is to achieve an equal distribution of assets, various factors can influence how the court decides to divide the property between the divorcing couple. These factors may include the duration of the marriage, the physical and emotional well-being of each spouse, the income and financial needs of each spouse, any history of domestic violence, each party’s economic and non-economic contributions to the marriage, as well as the needs of any children involved in custody cases.

Debts in Louisiana – Considered Marital Property Too

In addition to assets, debts are also treated as marital property in Louisiana. This means that in community property states like Louisiana, debts are handled in the same way as assets, with each spouse being responsible for paying half of the debt. If both spouses fail to reach an agreement on how to split debts, the court will make the decision based on the aforementioned factors.

The Importance of Hiring a Lawyer

Navigating the complexities of Louisiana’s divorce laws, particularly when it comes to property division, can be challenging. It is crucial to engage the services of a skilled family law attorney who is well-versed in the state’s laws. By doing so, you can ensure that your rights and interests are protected throughout the divorce process.

Final Thoughts

The process of divorce is never easy, and the division of property and debts acquired during the marriage can often be a contentious issue. Gaining a solid understanding of Louisiana’s community property laws and the factors that impact property division will make it easier to navigate this challenging process. Above all, remember that seeking the assistance of a knowledgeable attorney can greatly influence the outcome of your case.