Louisiana Family Law

Louisiana laws are created and revised by the actions of lawmakers and the courts, as in other states. Click on the links below to learn more information.

1.State statute	Louisiana code of Civil Procedure – Article: 103
2. Fault or no-fault (typically when a state allows fault based and no-fault divorce, fault based divorces require no separation period.	No-fault
3. Equitable distribution or community property	Community Property
a. Methods of apportionment
i. Periera and Van Camp in CA
b. Property distribution factors	Louisiana is a community property state.  See La. R.S. 9:374E
4. Legal separation?	There is no ‘legal separation’ recognized in Louisiana.
a. Waiting period/Separation period	180 days
5. Is mediation required	There is no court ordered mediation precedent to divorce proceedings in Louisiana.  However, in regard to custody or visitation of minor children, See § La. R.S. 9:332
6. Forms used	Louisiana self-help divorce forms are available through the Louisiana Legal Aid
7. Alimony guidelines and factors	Can not exceed greater than 1/3 of payor's net income
Alimony formula
a. Types
b. Term Limits
Cohabitation	"Automatic modification OR Material change in circumstances may warrant modification in support LA R.S. 9:311"
c. Imputing income
d. Change in circumstances
e. Ceases on retirement
Impute income on early retirement
Early retirement for health reasons is involuntary
f. Definition of income	Bushnell v. Bushnell, 527 So. 2d 15 (La. Ct. App. 1988);
8. Child support factors and guidelines	Child support factors & guidelines
9. Child support calculator	Child support calculator
10. Lump Sum  Support allowed?	Civil code, article 160
11. Valuation
a. Valuation date	Divorce
b. Goodwill divisibility	Personal goodwill is not divisible.  Enterprise goodwill is divisible. - LA Rev Stat Section 9:2801.2
c. Standard of value	Fair market value- Louisiana law requires the use of the ‘fair market value’ standard for valuing businesses in a marital property context.  Louisiana is one of only two states in the US that provides statutory guidance as to the standard of value used in divorce proceedings.
d. Discounts
e. Shareholder/partner agreements
12. Double dip	Impermissable double dip, not issue because personal goodwill not divisible
a. Stock options
b. Retirement accounts
c. Child support
13. Key cases
14. Premarital agreements	"Spouses are free to establish by matrimonial agreement a regime of separation of property or modify the legal regime as provided by law LA C.C. Art. 2328"
15. Common law

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