UNCONTESTED DIVORCE/NO-FAULT DIVORCE
If you have volunarily lived separate and apart for 6 months if you have no children OR 12 months if you have children prior to the filing of the Petition for Divorce.

CONTESTED DIVORCE
If your spouse has committed adultery, abused you, been convicted of a felony punishable by hard labor  or death regardless of the time that you have been separated.

CHILD CUSTODY
The Court will determine custody based upon the best interest of the children.  There are three types of custody:

Sole custody-where one parent is vested with the care, custody and control of the minor child and makes all decisions regarding the health, education, safety and welfare of the minor child without consulting the non-custodial parent.  Visitation is granted to the non-custodial parent.

Joint custody:where one parent is vested with the care, custody and control of the minor child known as the domiciliary parent and makes all decisions regarding the health, education, safety and welfare of the minor child after consulting the non-custodial parent.  Visitation is granted to the non-domiciliary parent.

Equal shared custody-A form of joint custody where both parents have physical custody of the minor children equally.

The Court determines custody using the following factors:

Art. 134.  Factors in determining child's best interest

The court shall consider all relevant factors in determining the best interest of the child.  Such factors may include:

(1)  The love, affection, and other emotional ties between each party and the child.

(2)  The capacity and disposition of each party to give the child love, affection, and spiritual guidance and to continue the education and rearing of the child.

(3)  The capacity and disposition of each party to provide the child with food, clothing, medical care, and other material needs.

(4)  The length of time the child has lived in a stable, adequate environment, and the desirability of maintaining continuity of that environment.

(5)  The permanence, as a family unit, of the existing or proposed custodial home or homes.

(6)  The moral fitness of each party, insofar as it affects the welfare of the child.

(7)  The mental and physical health of each party.

(8)  The home, school, and community history of the child.

(9)  The reasonable preference of the child, if the court deems the child to be of sufficient age to express a preference.

(10)  The willingness and ability of each party to facilitate and encourage a close and continuing relationship between the child and the other party.

(11)  The distance between the respective residences of the parties.

(12)  The responsibility for the care and rearing of the child previously exercised by each party.

Acts 1988, No. 817, §2, eff. July 18, 1988; Acts 1990, No. 361, §1, eff. Jan. 1, 1991; Acts 1993, No. 261, §1, eff. Jan. 1, 1994.

CHILD SUPPORT
In a proceeding for divorce or thereafter, the court may order either or both of the parents to provide an interim allowance or final support for a child based on the needs of the child and the ability of the parents to provide support. The court may award an interim allowance only when a demand for final support is pending.


SPOUSAL SUPPORT
In a proceeding for divorce or thereafter, the court may award interim periodic support to a party or may award final periodic support to a party who is in need of support and who is free from fault prior to the filing of a proceeding to terminate the marriage in accordance with the following Articles.

Your have two claims for spousal support.  The first claim was for interim spousal support which is based upon need and is payable up to the date of divorce, or up to six months thereafter if a claim for final spousal support is pending.  The Code mandates:

Art. 113.  Interim spousal support allowance pending final spousal support award

Upon motion of a party or when a demand for final spousal support is pending, the court may award a party an interim spousal support allowance based on the needs of that party, the ability of the other party to pay, and the standard of living of the parties during the marriage, which award of interim spousal support allowance shall terminate upon the rendition of a judgment of divorce.  If a claim for final spousal support is pending at the time of the rendition of the judgment of divorce, the interim spousal support award shall thereafter terminate upon rendition of a judgment awarding or denying final spousal support or one hundred eighty days from the rendition of judgment of divorce, whichever occurs first.  The obligation to pay interim spousal support may extend beyond one hundred eighty days from the rendition of judgment of divorce, but only for good cause shown.

The Court determines final spousal support as follows:

Art. 112.  Determination of final periodic support

A.  When a spouse has not been at fault and is in need of support, based on the needs of that party and the ability of the other party to pay, that spouse may be awarded final periodic support in accordance with Paragraph B of this Article.

B.  The court shall consider all relevant factors in determining the amount and duration of final support.  Those factors may include:

(1)  The income and means of the parties, including the liquidity of such means.

(2)  The financial obligations of the parties.

(3)  The earning capacity of the parties.

(4)  The effect of custody of children upon a party's earning capacity.

(5)  The time necessary for the claimant to acquire appropriate education, training, or employment.

(6)  The health and age of the parties.

(7)  The duration of the marriage.

(8)  The tax consequences to either or both parties.

C.  The sum awarded under this Article shall not exceed one-third of the obligor's net income.

The payor spouse has substantial exposure monetarily as final spousal support can last until the payee spouse dies or gets remarried.  Specifically, the Code mandates:

Art. 115.  Extinguishment of spousal support obligation

The obligation of spousal support is extinguished upon the remarriage of the obligee, the death of either party, or a judicial determination that the obligee has cohabited with another person of either sex in the manner of married persons.

PARTITION OF COMMUNITY PROPERTY
This is the procedure whereby you and your spouse divide responsibility of the debts and the assets of the former community of acquets and gains it is regulated by LSA RS 9:2801.
§2801.  Partition of community property and settlement of claims arising from matrimonial regimes and co-ownership of former community property

A.  When the spouses are unable to agree on a partition of community property or on the settlement of the claims between the spouses arising either from the matrimonial regime, or from the co-ownership of former community property following termination of the matrimonial regime, either spouse, as an incident of the action that would result in a termination of the matrimonial regime or upon termination of the matrimonial regime or thereafter, may institute a proceeding, which shall be conducted in accordance with the following rules:

(1)(a)  Within forty-five days of service of a motion by either party, each party shall file a sworn detailed descriptive list of all community property, the fair market value and location of each asset, and all community liabilities.  For good cause shown, the court may extend the time period for filing a detailed descriptive list.  If a party fails to file a sworn detailed descriptive list timely, the other party may file a rule to show cause why its sworn detailed descriptive list should not be deemed to constitute a judicial determination of the community assets and liabilities.  At the hearing of the rule to show cause, the court may either grant the request or, for good cause shown, extend the time period for filing a sworn detailed descriptive list.  If the court grants the request, no traversal shall be allowed.

(b)  Each party shall affirm under oath that the detailed descriptive list filed by that party contains all of the community assets and liabilities then known to that party.  Amendments to the descriptive lists shall be permitted.  No inventory shall be required.

(2)  Within sixty days of the date of service of the last filed detailed descriptive list, each party shall either traverse or concur in the inclusion or exclusion of each asset and liability and the valuations contained in the detailed descriptive list of the other party.  For good cause shown, the court may extend the time period for a party to traverse or concur in the detailed descriptive list of the other party.  The trial of the traverses may be by summary procedure.  At the trial of the traverses, the court shall determine the community assets and liabilities; the valuation of assets shall be determined at the trial on the merits.  The court, in its discretion, may by ordinary procedure try and determine at one hearing all issues, including those raised in the traverses.

(3)  The court may appoint such experts pursuant to Articles 192 and 373 of the Louisiana Code of Civil Procedure as it deems proper to assist the court in the settlement of the community and partition of community property, including the classification of assets as community or separate, the appraisal of community assets, the settlement of the claims of the parties, and the allocation of assets and liabilities to the parties.

(4)  The court shall then partition the community in accordance with the following rules:

(a)  The court shall value the assets as of the time of trial on the merits, determine the liabilities, and adjudicate the claims of the parties.

(b)  The court shall divide the community assets and liabilities so that each spouse receives property of an equal net value.

(c)  The court shall allocate or assign to the respective spouses all of the community assets and liabilities.  In allocating assets and liabilities, the court may divide a particular asset or liability equally or unequally or may allocate it in its entirety to one of the spouses.  The court shall consider the nature and source of the asset or liability, the economic condition of each spouse, and any other circumstances that the court deems relevant.  As between the spouses, the allocation of a liability to a spouse obligates that spouse to extinguish that liability.  The allocation in no way affects the rights of creditors.

(d)  In the event that the allocation of assets and liabilities results in an unequal net distribution, the court shall order the payment of an equalizing sum of money, either cash or deferred, secured or unsecured, upon such terms and conditions as the court shall direct.  The court may order the execution of notes, mortgages, or other documents as it deems necessary, or may impose a mortgage or lien on either community or separate property, movable or immovable, as security.

(e)  In the event that the allocation of an asset, in whole or in part, would be inequitable to a party, the court may order the parties to draw lots for the asset or may order the private sale of the asset on such terms and conditions as the court deems proper, including the minimum price, the terms of sale, the execution of realtor listing agreements, and the period of time during which the asset shall be offered for private sale.

(f)  Only in the event that an asset cannot be allocated to a party, assigned by the drawing of lots, or sold at private sale, shall the court order a partition thereof by licitation.  The court may fix the minimum bids and other terms and conditions upon which the property is offered at public sale.  In the event of a partition by licitation, the court shall expressly state the reasons why the asset cannot be allocated, assigned by the drawing of lots, or sold at private sale.

B.  Those provisions of a domestic relations order or other judgment which partitions retirement or other deferred work benefits between former spouses shall be considered interlocutory until the domestic relations order has been granted "qualified" status from the plan administrator and/or until the judgment has been approved by the appropriate federal or state authority as being in compliance with applicable laws. Amendments to this interlocutory judgment to conform to the provisions of the plan shall be made with the consent of the parties or following a contradictory hearing by the court which granted the interlocutory judgment. The court issuing the domestic relations order or judgment shall maintain continuing jurisdiction over the subject matter and the parties until final resolution.

C.  In the absence of an agreement between the parties for an extension of time or the granting by the court of an extension for good cause, if a party fails to comply with any time limit provided in this Section, upon motion of the other party or upon its own motion, the court may award reasonable attorney fees and court costs to the other party for the filing of or the response to the motion.  If the court rules, pursuant to Subparagraph (A)(1)(a) of this Section, that the other party's sworn detailed descriptive list be deemed to constitute the assets and liabilities of the community, then the court shall not award attorney fees and court costs to the other party.

Added by Acts 1982, No. 439, §1; Acts 1986, No. 225, §1; Acts 1992, No. 825, §1; Acts 1993, No. 28, §1; Acts 1995, No. 433, §2; Acts 1995, No. 1008, §1; Acts 1997, No. 35, §2; Acts 2001, No. 493, §1; Acts 2005, No. 415, §1.