Louisiana Judgment of Divorce with community property, with children

State:
Louisiana
Control #:
LA-5306
Format:
Word; 
Rich Text
Instant download

Description

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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FAQ

Children of all ages perceive divorce differently, but many experts suggest that children ages 6 to 12 can begin to comprehend and handle the realities of their parents' divorce. Younger children may struggle to understand the situation, while teenagers often grasp the complexities involved. Supporting children throughout the divorce process is crucial for their emotional well-being. Resources such as uslegalforms can guide parents in making informed decisions.

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.

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

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.

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.

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.

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).

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.

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.

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.

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Louisiana Judgment of Divorce with community property, with children