Louisiana Judgment of Divorce with community property, with children, restraining orders

State:
Louisiana
Control #:
LA-5307
Format:
Word; 
Rich Text
Instant download

Description

This is an example of a default Judgment of Divorce in favor of plaintiff and against defendant, the defendant having failed to appear or answer within the prescribed time frame. The court orders a decree of divorce "a vinculo matrimonii" and recognizes plaintiff as owner of an undivided one-half interest in the community property of the parties, and reserves unto plaintiff the right to seek judicial or extra-judicial partition thereof in the future. Mutual restraining orders are issued to the parties prohibiting them from disposing of community property and/or threatening, harassing or harming each other or their children. Joint custody of the minor children is granted to the parties, with plaintiff designated as the domiciliary parent, subject to defendant's rights of reasonable visitation. Plaintiff is ordered to pay all costs of the proceedings.
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FAQ

There is no specific age at which children can fully handle their parents' divorce, as every child is different. Typically, children aged 12 and older may express their preferences regarding custody and visitation. However, younger children may also display emotional responses that need support. Therefore, ensuring open communication and professional guidance can help families navigate these conversations effectively.

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.

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.

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.

Louisiana provides for fault and no-fault divorce options.Under a 102 divorce, a spouse can file a petition for divorce, allege jurisdiction and venue, and request a judgment of divorce after the parties have lived separate and apart from service of the petition or written waiver of service for a period of 180 days.

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.

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.

A judge will typically only deny an uncontested divorce if there are procedural matters that haven't been done properly, something is unclear or confusing, or something is not in the best interests of the child.

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Louisiana Judgment of Divorce with community property, with children, restraining orders