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Louisiana Judgment of Divorce with community property...

Divorce Community Property

Name: Louisiana Judgment of Divorce with community property, with children
Brand: US Legal Forms
Price: 59.00 USD
Rating: 4.56 (200 reviews)

Category:

Louisiana Family Law - Divorce - With Children

State:

Louisiana

Control #:

LA-5306

Format:

Instant download

Description Divorce Community

This is an example of a Judgment of Divorce in favor of plaintiff and against defendant. The court orders a decree of divorce "a vinculo matrimonii" and grants joint custody of the minor children to the parties. Plaintiff is designated as domiciliary parent, subject to defendant=s rights of reasonable visitation. Defendant is ordered to make monthly child support payments to plaintiff, plus an additional monthly payment until arrearages are paid in full. The judgment also sets a date on which both payments will increase. An Immediate Income Assignment Order is entered against defendant, to provide for the payments. Defendant is ordered to pay court costs and attorney’s fees. Further, the court recognizes plaintiff as owner of an undivided one-half interest in the community property of parties, and reserves unto plaintiff the right to seek judicial or extra-judicial partition thereof in the future.

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Louisiana Divorce Property Other Form Names

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Louisiana Divorce With FAQ

At divorce, community property is generally divided equally between the spouses, while each spouse keeps his or her separate property. Equitable distribution. In all other states, assets and earnings accumulated during marriage are divided equitably (fairly), but not necessarily equally.

Louisiana is a community property state. This means that spouses generally share equally in the assets, income and debt acquired by either spouse during the marriage. However, some income and some property may be separate income or separate property.

Under Louisiana law, marital property, or property acquired during the marriage, is distributed equally (50-50) to each party unless the court finds such a division to be inequitable or parties agree to a different formula under which to divide property.

The duration of payments is determined by a judge in Louisiana family court. Alimony length is usually based on length of marriage - one commonly used standard for alimony duration is that 1 year of alimony is paid every three years of marriage (however, this is not always the case in every state or with every judge).

Separate property is property belongs exclusively to one of two spouses. Under Louisiana law, assets acquired by a deceased person while unmarried, or acquired during the marriage by gift, is considered to be separate property.

Infidelity or other bad behaviors do not affect the amount of community property one is entitled to. Also, one is not entitled to more spousal support, child support, or custody rights even if they can prove their spouse had an affair. Today in Louisiana, adultery actually plays a very minor role in a divorce.

The judge makes the decision in the divorce case on the issue of spousal support by going through the Family Code 4320 factors. Once again, testimony is taken and evidence is presented on each of the factors. The focus is on the marital standard of living.

In a proceeding for a separation from bed and board in a covenant marriage, a court may award a spouse all incidental relief afforded in a proceeding for divorce, including spousal support, claims for contributions to education, child custody, visitation rights, child support, injunctive relief and possession and use

Yes, Louisiana is in the minority of states that follows community property laws. Most states adhere to equitable distribution principles, but Louisiana isn't one of them. Louisiana community property laws seek to divide a couple's property equally in a Louisiana divorce.

Divorce Community Property

Description Divorce Community

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Louisiana Divorce Property Other Form Names

Louisiana Divorce With FAQ

How is community property divided in a divorce?

What is considered community property in Louisiana?

Who gets the house in a divorce in Louisiana?

How long do you have to be married in Louisiana to get alimony?

What is considered separate property in Louisiana?

Does adultery affect community property in Louisiana?

How does a judge decide who gets what in a divorce?

What is a wife entitled to in a divorce in Louisiana?

Is Louisiana a community property state for divorce?

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