Navigating a divorce in Lake Charles, Louisiana, is a significant life event that can bring
emotional and financial challenges. Whether you’re considering separation or are already in the
midst of a complex marital dispute, having experienced and compassionate legal representation
is crucial. Our Lake Charles divorce lawyers are dedicated to protecting your rights, your
family’s future, and your financial well-being, striving for the most favorable outcome while
minimizing stress.
Understanding Divorce in Louisiana: What You Need to Know
Louisiana divorce laws are unique, particularly when it comes to the waiting periods and
classification of fault. Knowing the basics can help you prepare for the process:
Residency Requirements for Divorce in Louisiana
To file for divorce in Louisiana, either you or your spouse must have lived (“domiciled”) in the
state for at least six months prior to filing. The divorce petition must be filed in a parish where
either party is domiciled, or in the parish where you last lived together as a married couple.
Types of Divorce in Louisiana: No-Fault vs. Fault
Louisiana recognizes both no-fault and fault-based divorces:
No-Fault Divorce (Most Common): These divorces are based on time apart.
o Article 102 Divorce: You can file a divorce petition and then live separate and
apart without reconciliation for a specified period after the petition is filed. The
waiting period is 180 days if you have no minor children, or 365 days if you have
minor children.
o Article 103(1) Divorce: You and your spouse must have already lived separate
and apart without reconciliation for 180 days (no minor children) or 365 days
(with minor children) before you file the petition. This often leads to a quicker
finalization once filed.
o No-fault divorces are generally less contentious, faster, and more private, as
there’s no need to prove wrongdoing.
Fault-Based Divorce: There are a handful of specific acts that are considered fault.
o You can file for divorce immediately, without a waiting period, if you can prove
your spouse is at fault due to:
Adultery: Engaging in a voluntary sexual act with someone other than
your spouse.
Felony Conviction: Your spouse has been convicted of a felony and
sentenced to death or hard labor.
Abuse: Physical or sexual abuse of you or a child of either spouse.
o While these grounds avoid the waiting period, they often involve more complex
and emotionally charged litigation as you must prove the fault in court. Proving
fault can potentially impact outcomes related to spousal support (alimony) and, in
very specific circumstances, child custody.
Contested vs. Uncontested Divorce
Uncontested Divorce: This occurs when both spouses agree on all key terms of the
divorce, including property division, child custody, child support, and spousal support.
This is typically the fastest and most cost-effective way to divorce, often referred to as a
“cheap divorce.” It minimizes court involvement and conflict.
Contested Divorce: If you and your spouse cannot agree on one or more essential issues,
your divorce will be contested. These cases require negotiation, mediation, and
potentially court intervention to resolve disputes. Our Lake Charles divorce attorneys
are experienced litigators ready to advocate for your rights in court when an agreement
cannot be reached.
Key Issues in Louisiana Divorce Cases
Beyond the dissolution of marriage itself, several critical issues must be addressed during a
divorce:
Child Custody and Visitation in Lake Charles
Louisiana courts prioritize the best interests of the child when determining custody and
visitation arrangements.
Joint Custody is Presumed: Louisiana law favors joint custody, where both parents
share decision-making responsibilities and physical time with the children, unless there is
clear and convincing evidence that it’s not in the child’s best interest.
Legal vs. Physical Custody:
o Legal Custody: Determines who makes major decisions about the child’s
education, healthcare, and religious upbringing.
o Physical Custody: Determines where the child lives primarily and the visitation
schedule for the non-domiciliary parent.
The court considers many factors, including the child’s relationship with each parent, the
parents’ ability to provide care, the child’s preference (if mature enough), and any history
of abuse or neglect. Our Lake Charles family lawyers help craft parenting plans that
promote stability and well-being for your children.
Child Support Guidelines in Louisiana
Child support is calculated based on Louisiana’s Child Support Guidelines, which use a shared
income model. This means both parents’ incomes are considered to determine the basic support
obligation, and each parent contributes proportionally to their income.
Factors include: Combined gross income, number of children, childcare costs, health
insurance premiums, and extraordinary medical expenses.
Support generally continues until a child turns 18, or 19 if still in high school.
Our attorneys can help you accurately calculate child support obligations or seek
modifications if there’s a significant change in circumstances.
Spousal Support (Alimony) in Louisiana
Louisiana law recognizes two types of spousal support:
Interim Spousal Support: Awarded temporarily to a spouse who needs financial
assistance for maintenance during the divorce proceedings, typically lasting until the
divorce is finalized or up to six months thereafter.
Final Periodic Spousal Support: Awarded to a spouse who is free from fault in the
breakup of the marriage and can demonstrate a need for support, while the other spouse
has the means to pay. The court considers various factors, including financial need,
earning capacity, health, and the length of the marriage.
Community Property Division in Louisiana
Louisiana is a community property state. This means that, generally, all assets and debts
acquired by either spouse during the marriage are considered “community property” and are
subject to an equal (50/50) division upon divorce.
Separate Property: Assets owned before marriage, inherited property, or gifts received
by only one spouse during the marriage are typically considered “separate property” and
are not divided.
Complex issues often arise when assets are commingled or businesses are involved. Our
Lake Charles divorce attorneys have extensive experience in valuing and dividing
complex marital estates, including retirement accounts, real estate, and business interests,
to ensure a fair and equitable distribution.
How a Lake Charles Divorce Lawyer Can Help You
The divorce process, whether contested or uncontested, involves numerous legal complexities.
An experienced Lake Charles divorce attorney can:
Explain Your Rights and Options: Provide clear guidance on Louisiana divorce laws
and how they apply to your specific situation.
Navigate Legal Procedures: Ensure all paperwork is filed correctly and on time,
meeting residency and separation requirements.
Negotiate Settlements: Advocate for your interests in discussions regarding property
division, custody, and support, aiming for an out-of-court resolution whenever possible to
minimize conflict and costs.
Represent You in Court: If a settlement isn’t possible, our skilled litigators are fully
prepared to aggressively represent you in court, fighting for your best interests before a
judge.
Protect Your Children’s Well-being: Help create custody and visitation plans that
prioritize your children’s stability and future.
Handle Complex Financial Matters: Assist with asset valuation, debt allocation, and
spousal/child support calculations.
Contact a Dedicated Lake Charles Divorce Lawyer Today
Divorce can be emotionally taxing, but you don’t have to face it alone. The Lake Charles
divorce attorneys at Colonna Law Firm, LLC are committed to providing compassionate and
effective legal counsel. We understand the nuances of Louisiana family law and are ready to
guide you through this challenging time with personalized attention and strategic advocacy.
Don’t wait to protect your future. Contact our Lake Charles law office today for a confidential
consultation to discuss your divorce case and explore your legal options. We are here to help you
achieve a stable and positive new beginning.