Division of Property in a Louisiana Divorce

As senior partner of the Arata & Arata Law Office in Bogalusa, Louisiana, William “Bill” Arata represents clients in a variety of domestic matters. Bill Arata draws on an in-depth knowledge of divorce laws in the state of Louisiana.

In the state of Louisiana, unless there is a prenuptial or post-nuptial agreement stating otherwise, a divorcing couple must divide community property evenly between the two parties. The state defines community property as that which the couple owned following the date of marriage, while all assets owned before the marriage remain the property of the original owner. The court does allow couples to independently determine who receives which particular asset, though this agreement must undergo official review to ensure equal distribution.

If the court makes decisions on specific division of property, it typically considers custody arrangements when determining which spouse will receive the family home. Courts also take note of the financial needs of each party and any children, expected financial standing in the future, and past contributions to the home itself.

Requirements for Divorce in Louisiana

William “Bill” Arata, the owner and senior partner of the Arata & Arata Law Office, builds on more than 20 years of experience with the firm. In that time, Bill Arata has represented clients in numerous divorce cases.

A couple may file for divorce in Louisiana once they have resided in the state for at least one year and have lived separately for a minimum of 180 days, provided that the couple has no minor children. Couples with children must live in separate residences for a minimum of one year. Most couples who fulfill this requirement do not need to state their grounds for divorce, unless they are in a covenant marriage.

Available only in Arkansas, Arizona, and Louisiana, a covenant marriage sets forth limited reasons for seeking divorce. These include adultery and a felony conviction, which may also be grounds for divorce in a non-covenant marriage. Couples in a covenant marriage also have the option to seek divorce on the grounds of physical or sexual abuse of children or a spouse, abandonment of the marital home, or separation for a minimum of two years. If a separation agreement exists, the couple may divorce after 12 to 18 months, depending on the absence or presence of minor children.

Divorce from a covenant marriage also requires marital counseling and a waiting period of two years. Couples agree to these terms when they sign the Declaration of Intent that defines the covenant marriage as a sacred agreement to live as husband and wife for the remainder of their lives.