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Family law and successions · Jefferson Parish

Family law and successions.

Divorce, custody and support, plus wills and successions, for Louisiana families. These matters are governed by the Civil Code and handled in the district court of the parish where the family or the decedent lived.

Divorce

Louisiana allows a divorce without proof of fault under Civil Code articles 102 and 103. Under article 102 a spouse files, and the divorce is granted after the required period of living separate and apart has passed; under article 103 the divorce may be granted when the spouses have already lived separate and apart for the required period before filing, or on certain fault grounds the article lists. The required separation period is longer when there are minor children of the marriage. Property, spousal support and the children's arrangements are decided alongside the divorce.

Custody and child support

Custody is decided by the best interest of the child. Civil Code article 134 lists the factors the court weighs, including each parent's ability to provide for the child's needs, the child's relationship with each parent, the stability of each home and any history of family violence. Child support is calculated under the guidelines in Revised Statutes 9:315 and following, which combine both parents' incomes and set the amount by schedule, with adjustments for health insurance, child care and shared custody.

Wills and successions

A succession is the court process that transfers a person's property at death. Louisiana recognizes a small succession procedure for modest estates and a judicial succession for larger or contested ones, opened in the parish where the decedent was domiciled. A valid testament controls who receives the property; without one, the Civil Code's rules of intestate succession decide. Drafting a will now avoids both the uncertainty and much of the cost later.

Authority, checked against the Louisiana Legislature's current textLa. C.C. arts. 102 and 103 (divorce).La. C.C. art. 134 (best interest of the child; custody factors).La. R.S. 9:315 et seq. (child support guidelines).
Questions people ask
How long does a Louisiana divorce take?

It depends on the required period of living separate and apart, which is longer when there are minor children, and on whether property and custody are contested. Civil Code articles 102 and 103 set the periods.

How is child support calculated?

Under the guidelines in Revised Statutes 9:315 and following, from both parents' combined income and a schedule, with adjustments for health insurance, child care and the custody arrangement.

Do we need to open a succession?

If the person owned property in their name, yes, in the parish where they lived. Small estates may qualify for the simpler small succession procedure.