32545 LA Hwy 16
Denham Springs, LA 70706
ph: 225.236.8125
fax: 225.664.9694
devonnap
Have a queston about divorce? custody? Wills? Probate? I will try to answer those questions based on the law in Louisiana.
1. How long must I be a resident of the State of Louisiana before gaining eligibility to file for divorce?
You must be a resident of the State of Louisiana for either 180 days before being eligible for filing divorce.
2. Can I divorce my spouse even if my spouse doesn't live in Louisiana? ...
Yes, you can still file for divorce.
3. Is Louisiana a No-Fault State?
Yes, Louisiana is a no fault State.
4. How quickly can I be rid of my marriage?
Divorces are never quick. Marriages can be quick but, divorces are really slow. In LA there is a 102 divorce (if there are children under 18 in the marriage, you must either be separated for one year before filing or have been served petition for divorce for one year before finalizing the divorce. There is also a 103 divorce which is a divorce where there are no children in the marriage or they are all over the age of 18. In that case the wait time is 6 months. either way, It is not a quick matter.
5. Is there any court filing fee for divorce in the State of Louisiana?
Yes, there is a court filing fee for divorce in the State of Louisiana that varies from parish to parish.
If the parents agree who is to have custody, the court shall award custody in accordance with their agreement unless the best interest of the child requires a different award. In the absence of agreement, or if the agreement is not in the best interest of the child, the court shall award custody to the parents jointly; however, if custody in one pare...nt is shown by clear and convincing evidence to serve the best interest of the child, the court shall award custody to that parent. The court shall consider all relevant factors in determining the best interest of the child. Such factors may include:
•The love, affection, and other emotional ties between each party and the child.
•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.
•The capacity and disposition of each party to provide the child with food, clothing, medical care, and other material needs.
•The length of time the child has lived in a stable, adequate environment, and the desirability of maintaining continuity of that environment.
•The permanence, as a family unit, of the existing or proposed custodial home or homes.
•The moral fitness of each party, insofar as it affects the welfare of the child.
•The mental and physical health of each party.
•The home, school, and community history of the child.
•The reasonable preference of the child, if the court deems the child to be of sufficient age to express a preference.
•The willingness and ability of each party to facilitate and encourage a close and continuing relationship between the child and the other party.
•The distance between the respective residences of the parties.
•The responsibility for the care and rearing of the child previously exercised by each party.
[Based on Louisiana Civil Code - Articles 132 and 134]
A will can do many things. The most important thing a will can do is change the people who would inherit in the absence of a will. A will can also do many other things, for example: 1) name a guardian/tutor for minor children; 2) create a trust for grandchildren, special needs or spendthrift heirs; 3) for larger estates, make provisions
to save estate taxes;... and 4) remove any doubt as to what you want done with your property after your death. If none of this is important, then you may not need a will. Regardless, you should discuss the details of your personal situation with an attorney.
Order of Succession Inheritance in Louisiana If No Will Community Property Separate Property
1. To children or children’s descendants, with usufruct to spouse. If nobody exists in this group, then
1. To children or children’s descendants. If nobody exists in this group, then
2. To spouse, if there are no children or descendants of children. If nobody exists in this group, then
2. To brothers and sisters or their descendants with usufruct to parents, if parents are alive. If nobody exists in this group, then
3. Is treated as separate property if no one exists in 1. or 2.
3. To nieces and nephews, or their descendants, with usufruct to parents, if parents are alive. If nobody exists in this group, then
4. To parents, if there are no brothers or sisters, nieces or nephews, or other descendants. If nobody exists in this group, then
5. To spouse. If there is no spouse, then
6. To grandparents or other ascendants. If nobody exists in this group, then
7. To nearest relative. If nobody exists in this group, then
8. To State of Louisiana.
What happens to property when someone dies without a will?
There are two things that are looked at first: 1) was the property community or separate; and, 2) what relationship are the survivors to the deceased? ...
What is separate property? Separate property includes 1) property owned before marriage; 2) inherited property; or 3) property given to one of the spouses. In general, without a will, a spouse
inherits none of the other spouse’s separate property. Instead it goes to the children or blood relatives of the deceased.
What is community property?
Community property is usually property accumulated by the couple while they were married (unless there was a marriage contract or inherited property). A spouse owns half of the community property and, if there is no will, will have usufruct of the deceased spouse’s half until death or remarriage, whichever comes first. However, without a will, the surviving spouse would inherit the deceased’s half only if the first deceased spouse died without any children, grandchildren or other descendants who would inherit first.
Can this be changed with a will?
Yes, most certainly. A will can specify that a spouse inherits before anyone else. If there are forced heirs, the forced heirs have to inherit a portion, but the will can provide that the rest goes to the spouse (or anyone else named in the will). The will can also give the spouse a lifetime usufruct over the forced heir’s portion.
What is a forced heir?
At this point in time, a forced heir is any child of the deceased who is under the age of 24 years. Once a child reaches age 24, he or she is no longer a forced heir. A forced heir can also be a child, regardless of age, who is permanently disabled. So, you could have a child who is a forced heir until age 24, no longer a forced heir, and then has a stroke that permanently disables him at age 40 which makes him a forced heir.
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Copyright 2015 Law Office of DeVonna Ponthieu, LLC. All rights reserved.
32545 LA Hwy 16
Denham Springs, LA 70706
ph: 225.236.8125
fax: 225.664.9694
devonnap