Louisiana Family Laws

A brief guide to Louisiana family laws

Many different legal guidelines exist to regulate situations in which you must turn to the law in order to resolve an issue related to your domestic life. One common reason people will need to become knowledgeable about Louisiana family law is if you are seeking a divorce from your spouse. It is a common belief that a lawyer must be retained in order to successfully complete the divorce process. However, by agreeing to cooperate throughout this process, two spouses can obtain a divorce without violating any Louisiana family laws.

Doing so will require a couple to cooperate in drafting a separation agreement detailing how they plan to handle potential areas of dispute such as:

• Alimony payments

• Child support payments

• Division of mutually owned property

• Child custody arrangements

Many generic online templates can be used as the basis of a document which is in compliance with all aspects of Louisiana family law. By resolving their differences before initiating the divorce process, a couple avoid the risk of going to court to have a judge rule on a contested divorce. Louisiana family laws grant judges a considerable amount of latitude in deciding how to resolve any areas of disagreement. The resulting verdict may not satisfy either party.

Under Louisiana family law, a judge may order two spouses to attempt mediation if they are unable to come to terms on issues involving minor children. These sessions will be conducted by a neutral third party with the goal of encouraging both spouses to speak candidly and arrive at a mutually acceptable agreement. Louisiana family laws do not allow anything which is said during these sessions to be reported to a judge. If mediation attempts do not result in a separation agreement, neither spouse may hire a lawyer who has acted as a mediator to represent them in family court.

Couples who wish to adopt a child will need to be aware of all Louisiana family laws related to this process. You may not adopt a child until you have undertaken the "home-study process." Louisiana family law mandates that any individual or couple that wishes to adopt a child undergo this extensive process. It will be necessary to prepare all your financial records to have your fiscal ability to look after a child confirmed. Additionally, Louisiana family laws will require you to be interviewed extensively to evaluate your psychological fitness to care for a child. If you are found unfit, you will not be allowed to adopt.

Another common concern related to Louisiana family law is the creation of a will. These documents state your wishes concerning the handling of your assets in the event of your death. Louisiana family laws allow for an individual to draft and execute a will without consulting a lawyer. However, by doing so, laypeople run the risk of using unclear language which can be contested. It is always a good idea to have an attorney review any will to make sure it cannot be contested in probate court under Louisiana family law.