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Louisiana - Divorce Kits
The following laws are explained very briefly to provide a
basic understanding. If further knowledge is wished to be gained please
make use of your local library, and seek the assistance of an attorney.
This section is reviewed regularly, but due to the changing of laws
some material may be outdated.
Required Residency to File: 1 year
Where to File: The Parish in which the Respondent resides.
Grounds for Absolute Divorce:
Adultery
Bigamy ( grounds for annulment )
Felony Conviction or Imprisonment
Fraud, Force or Duress ( grounds for annulment )
Grounds for "No-Fault" Divorce:
Living Separate and Apart
Time before ex-spouses may remarry: Petitioner ( none )
Respondent
( none )
Voluntary or required Mediation: ( yes )
Voluntary or recommended Counseling: ( yes )
The Distribution of Property:
Louisiana is a community property state. Separate property is retained
by
the owner, and all other community property in the marriage is
distributed
equitably.
Spousal Support:
Support can be ordered to either spouse. Marital fault may be a
consideration. Employment possibilities of the spouse tends to cause
the greatest influence
on the decision. Living conditions similar to those when marriage
existed
is attempted to be restored, but a lot of factors play a significant
role.
Child Custody:
Custody is awarded with the best interests of the child or children in
mind.
The following factors are generally considered: the age and sex of
child,
the wishes of the parents, the child's ability to adapt to a new
environment,
the mental and physical health of the parents and child, and the
relationship
each parent has with the child, the desire and capability of each
parent,
and the respect each parent has for the child's relationship with the
other
parent.
Uniform Child Custody Act: 1978
Is Joint Custody awarded? YES
Do Grandparents Have the Right to Visitation? YES
Are Child's Wishes Considered? YES
Child Support:
Both parents are required to provide the support of maintenance,
insurance,
and education of the child. There are specific guidelines to be
followed,
unless when proven to be unjust. The following factors are generally
considered: a child's need for contact with both parents, the joint
responsibilities for the welfare of the child, the financial resources,
cost of day care,
and the standard of living the child would have otherwise enjoyed had
not
the divorce taken place.
To prepare your documents, you would simply edit the
information as it
applies to you.
| IN RE THE MARRIAGE OF: |
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Case No. ____________________ |
| JANE DOE, |
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| Petitioner, |
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PETITION FOR DISSOLUTION OF MARRIAGE |
| JOHN DOE, |
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| Respondent. |
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COMES NOW the Petitioner, JANE DOE, and respectfully petitions and
shows this Court as follows:
I. The vital statistics concerning
the parties are as follows:
A. PETITIONER:
- Age: 28
- Occupation: Clerk
- Petitioner now resides at 123 Main Street, Douglas,
Louisiana 54321, Parish of Caddo. Petitioner has been a resident of the
State of Louisiana since April 8, 1968.
B. RESPONDENT:
- Age: 32
- Occupation: Vice President, 7-11 Convenience Stores
- Respondent now resides at 456 Corner Drive, Douglas,
Louisiana 54321, Parish of Caddo. Respondent has been a resident of the
State of Louisiana since December 2, 1978.
II. The Social Security Numbers of
the parties are as follows:
Petitioner:
555-23-9178
Respondent: 875-12-3354.
III. { CHOOSE ONE OF
THE FOLLOWING }
A. At least one of the parties has
had actual residence in this state with a bona fide intention of making
this state his or her permanent home for at least one year prior to the
filing of this petition.
B. The Petitioner is serving in the
United States Armed Forces and has been continuously stationed at a
military base or installation in this state for one year.
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Your document kit will include:
- Instructions for completion of your documents
- Petition for Dissolution of Marriage
- Sample Marital Settlement Agreement
- Financial Affidavit of Petitioner
- Financial Affidavit of Respondent
- Answer and Waiver of Hearing
- Verification
- Affidavit of Non Military Service
- Affidavit of Corroborating Witness
- Decree of Divorce
- Sample Proposed Property Settlement
- Summons
- Notice of Hearing
- Affidavit of Service
- Affidavit of Diligent Search for Service by
Publication
If children are involved:
- Affidavit of Uniform Child Custody Jurisdiction Act
- Sample Parenting Plan
Important Disclaimer:
Legal-Online.Org Self-Help Products are designed to provide
authoritative and accurate information in regard to the subject matter
covered. However, neither this nor any other publication can take the
place of an attorney on important legal matters.
Information in this kit has been carefully compiled from
sources believed to be reliable, but the accuracy of the information is
not guaranteed, as laws and regulations may change or be subject to
differing interpretations.
This is a self-help legal product and is intended to be
used by the consumer for his or her own benefit. Use of this kit to
benefit a second party may be considered in many states as the
unauthorized practice of law.
As with any legal matter, you should consult with an
attorney if you are unsure about proceeding, your case is of a
complicated nature or to obtain legal advice.
It is understood that by using this kit, you are acting
as your own attorney. Accordingly, the publisher, author, distributor
and retailer shall have neither liability nor responsibility to any
party for any loss or damage caused or alleged to be caused by use of
the kits. These kits are sold with the understanding that the
publisher, author, distributor and retailer are not engaged in offering
legal services. Should legal services or other assistance be required,
the services of a competent legal professional should be contacted in
your area.
In addition, some counties or states may require use of
additional documents not found in this kit. If this is the case, please
contact us
We will attempt to locate the additional forms for you
at no cost.
Purchase of this kit constitutes acceptance of these
terms.
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These documents are
available in the following formats:

Microsoft Word
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