New Orleans Louisiana Rule for Divorce

State:
Louisiana
City:
New Orleans
Control #:
LA-5496
Format:
Word; 
Rich Text
Instant download

Description

In this example, the petitioner states that the parties have lived apart for over 180 days since the filing of the petition for divorce pursuant to La. Civil Code Article 102. Petitioner therefore requests the issuance of a rule nisi ordering defendant to show cause why the divorce should not be granted. An order to show cause is attached. New Orleans, Louisiana, has specific rules and regulations in place for divorce proceedings. Understanding these rules is crucial for individuals seeking a divorce in this region. Here is a detailed description of the rules governing divorce in New Orleans, Louisiana: 1. Residential Requirement: — To file for divorce in New Orleans, Louisiana, at least one spouse must have lived in the state for at least 180 days before filing the divorce petition. Furthermore, the filing must be made in the parish where either spouse currently resides. 2. Grounds for Divorce: — Louisiana recognizes both fault-based and no-fault grounds for divorce. The most common no-fault ground is living separate and apart for at least 180 days if there are no minor children involved. If there are minor children, the period is extended to 365 days. — Fault-based grounds may include adultery, felony conviction resulting in imprisonment, habitual intemperance (alcohol or drug abuse), cruel treatment, or abandonment for one year or more. 3. Contested and Uncontested Divorce: — In New Orleans, Louisiana, divorces can be either contested or uncontested. — Uncontested divorce: When both spouses agree on all terms of the divorce, including issues such as child custody, alimony, and property division. This type of divorce is generally quicker and less expensive. — Contested divorce: When the spouses cannot agree on one or more important issues, such as child custody, child support, property division, or alimony. In a contested divorce, the court intervenes to resolve the disputes. 4. Parenting Plan: — In cases involving minor children, New Orleans, Louisiana, requires the submission of a parenting plan. This plan outlines how major decisions regarding the children's upbringing will be made, including custody arrangements, visitation schedules, and child support obligations. 5. Division of Property: — Louisiana follows the community property system, which means that marital assets and debts are generally divided equally between the spouses upon divorce, unless there is a valid prenuptial agreement in place. 6. Alimony and Spousal Support: — New Orleans, Louisiana, recognizes two types of alimony: interim spousal support and final periodic spousal support. Interim spousal support is temporary and is granted during the divorce process to ensure both spouses can maintain their standard of living. Final periodic spousal support is typically awarded after the divorce is finalized and may be payable on a recurring basis. It is important to note that divorce laws and regulations can change over time, so it is advisable to consult a qualified family law attorney in New Orleans, Louisiana, to ensure accurate and up-to-date information regarding the specific rules that may apply to your unique situation.

New Orleans, Louisiana, has specific rules and regulations in place for divorce proceedings. Understanding these rules is crucial for individuals seeking a divorce in this region. Here is a detailed description of the rules governing divorce in New Orleans, Louisiana: 1. Residential Requirement: — To file for divorce in New Orleans, Louisiana, at least one spouse must have lived in the state for at least 180 days before filing the divorce petition. Furthermore, the filing must be made in the parish where either spouse currently resides. 2. Grounds for Divorce: — Louisiana recognizes both fault-based and no-fault grounds for divorce. The most common no-fault ground is living separate and apart for at least 180 days if there are no minor children involved. If there are minor children, the period is extended to 365 days. — Fault-based grounds may include adultery, felony conviction resulting in imprisonment, habitual intemperance (alcohol or drug abuse), cruel treatment, or abandonment for one year or more. 3. Contested and Uncontested Divorce: — In New Orleans, Louisiana, divorces can be either contested or uncontested. — Uncontested divorce: When both spouses agree on all terms of the divorce, including issues such as child custody, alimony, and property division. This type of divorce is generally quicker and less expensive. — Contested divorce: When the spouses cannot agree on one or more important issues, such as child custody, child support, property division, or alimony. In a contested divorce, the court intervenes to resolve the disputes. 4. Parenting Plan: — In cases involving minor children, New Orleans, Louisiana, requires the submission of a parenting plan. This plan outlines how major decisions regarding the children's upbringing will be made, including custody arrangements, visitation schedules, and child support obligations. 5. Division of Property: — Louisiana follows the community property system, which means that marital assets and debts are generally divided equally between the spouses upon divorce, unless there is a valid prenuptial agreement in place. 6. Alimony and Spousal Support: — New Orleans, Louisiana, recognizes two types of alimony: interim spousal support and final periodic spousal support. Interim spousal support is temporary and is granted during the divorce process to ensure both spouses can maintain their standard of living. Final periodic spousal support is typically awarded after the divorce is finalized and may be payable on a recurring basis. It is important to note that divorce laws and regulations can change over time, so it is advisable to consult a qualified family law attorney in New Orleans, Louisiana, to ensure accurate and up-to-date information regarding the specific rules that may apply to your unique situation.

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New Orleans Louisiana Rule for Divorce