Family Law Laws in Louisiana

Family Law Law in Louisiana: Overview

Louisiana family law is unique among U.S. states because it is based on the civil law tradition rather than the common law, with the Louisiana Civil Code governing domestic relations. As a community property state, Louisiana presumes that all property acquired during the marriage belongs equally to both spouses. Louisiana is one of three states offering covenant marriage, and its no-fault divorce requires either a separation period of 180 days (with children) or 365 days (without children) before filing, or the same periods of living separate and apart after filing. The state uses the income shares model for child support and applies the best interests of the child standard for custody. There is no residency requirement in Louisiana if the marriage was performed there; otherwise, one party must be domiciled in the state. Louisiana's civil law heritage gives its family law system distinct terminology and procedures that differ substantially from other states.

Key Statutes & Deadlines

Civil Law Tradition and Community Property

Louisiana's community property regime is rooted in French and Spanish civil law tradition, making it distinct from the other community property states. Under the Louisiana Civil Code, all property acquired during the marriage through the effort, skill, or industry of either spouse is community property. Each spouse owns an undivided one-half interest in all community property. Upon divorce, community property is partitioned equally. Louisiana also recognizes a "community property regime" that begins at the marriage and terminates when a spouse files for divorce or dies. Spouses may modify their property regime through a matrimonial agreement (prenuptial or postnuptial), but such agreements must be made by authentic act (notarized) and may not prejudice creditors. Louisiana's terminology differs from common law states: "partition" instead of "division," and "patrimony" for the total estate.

Covenant Marriage

Louisiana was the first state to enact covenant marriage legislation in 1997. Under La. R.S. 9:272, couples entering a covenant marriage must undergo premarital counseling and sign a declaration of intent stating they understand marriage is a lifelong commitment. Dissolving a covenant marriage requires proving fault-based grounds such as adultery, commission of a felony with a sentence of imprisonment or death, abandonment for one year, physical or sexual abuse, or living separate and apart for two years. Alternatively, the parties may obtain a divorce after living separate and apart for one year following a judicial separation. The covenant marriage option adds complexity to Louisiana family law practice, as attorneys must first determine the type of marriage before advising on divorce strategy and timelines.

Post-Divorce Spousal Support

Louisiana distinguishes between interim spousal support (during the divorce proceedings) and final periodic support (after divorce). Interim support is based on the needs of the requesting spouse and the other spouse's ability to pay, considering the standard of living during the marriage. Final periodic support under La. C.C. art. 112 is available only when the requesting spouse is free from fault in the dissolution and may be awarded considering the needs of the parties, the income and means of the parties, the financial obligations of the parties, the earning capacity of the parties, the effect of custody on the parties' earning capacity, the time necessary for the requesting party to acquire education or training, the health and age of the parties, the duration of the marriage, and any other relevant factors. Final support is limited in duration, generally not to exceed one-third the length of the marriage, and terminates upon the remarriage or death of either party.

Louisiana Court System

Family law cases in Louisiana are heard by the District Courts, which are the state's courts of general jurisdiction organized into 42 judicial districts. Louisiana also has separate Family Courts in certain parishes, most notably the Orleans Parish Family Court and the East Baton Rouge Parish Family Court. These specialized courts handle divorce, custody, support, adoption, and domestic violence matters. Louisiana's court system reflects its civil law heritage, with unique procedural rules and terminology. Appeals from District Court and Family Court decisions go to the appropriate Louisiana Court of Appeal (organized into five circuits) and may be further reviewed by the Louisiana Supreme Court. Louisiana also uses hearing officers in some parishes to handle routine child support matters.

Damages & Penalties

In Louisiana, community property is partitioned equally upon divorce, with each spouse receiving an undivided one-half interest. The court has limited discretion to deviate from equal partition but may allocate specific assets and debts to achieve equality. Interim spousal support maintains the status quo during proceedings, while final periodic support is available to the non-fault spouse based on statutory factors and is limited in duration to one-third the length of the marriage in most cases. Child support is calculated using the income shares model under La. R.S. 9:315, which considers both parents' adjusted gross incomes, the number of children, health insurance costs, extraordinary medical expenses, childcare costs, and the parties' combined tax obligations. The guidelines include adjustments for shared custody arrangements. Enforcement of child support orders includes income assignment, contempt of court, license suspension, tax refund intercepts, and criminal prosecution for willful nonpayment. Louisiana also has a unique "use" concept where one spouse may be granted the use of the family home or community assets during the proceeding.

Recent Legislative Changes

Louisiana has shortened the separation periods required for no-fault divorce, reducing them from the previously longer periods. The state has also updated its child support guidelines and improved access to family court services, including expanded mediation programs and self-help resources.

Frequently Asked Questions