Common Misconceptions About Divorce in Louisiana

Most Common Misconceptions About Louisiana Divorce

There are many questions as you consider if divorce is the right answer for you, and there are many misconceptions about how the process works in the state of Louisiana.

Every relationship is unique, which makes it impossible to answer individual questions without personal details. Keeping in mind that family law is subject to each individual situation, here are a few common questions that people ask before or during a divorce.

The house, car or another property is in my spouse’s name. Does that mean it’s not mine?

State law defines property acquired during the marriage as community property, regardless of the title or personal access to it. If the property was owned individually before marriage, it may be more complicated.

How do I get my spouse to move out?

As community property, both partners have a right to the house until the divorce is final. Even if a prenuptial agreement makes you an owner, you must follow state notice to vacate rules. There are exceptions in cases of domestic abuse.

The father is responsible for child support, right?

Child support is designed to ensure the well-being of your children. As defined by state guidelines, child support is calculated in relation to the combined gross income of both parents. It is the obligation of both parents, and payments are affected by each party’s percentage of their combined income.

What if my spouse is disabled or doesn’t work?

Child support is based on income, including SSDI. Your child may also be eligible for a dependent disability payment. If your spouse is unemployed but not declared medically disabled, they may still be assessed a minimum income under the law.

My spouse was unfaithful during our marriage. Will that help my settlement?

A divorce with the proper proof of an unfaithful partner may speed up your divorce process. However, adultery does not usually have a monetary effect on most spousal support settlements unless the spouse guilty of adultery is the spouse trying to assert a claim for support (this is an issue of fault). It also doesn’t affect the law governing division of community property in most cases.