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The Louisiana marital separation agreement form is a legal document that married couples use when they want to begin the separation process. A separation agreement serves as a helpful legal tool for couples who do not wish to enter the divorce process.
Divorce ends a marriage, and it is final. On the other hand, legal separation is similar, but spouses are still married and can’t remarry someone else. If spouses decide to get back together, legal separation can be revoked.
Is a Separation Agreement Legal in Louisiana?
Yes, creating a separation agreement is legal in Louisiana; married spouses are permitted by law to outline the terms of their separation in such a document.
Laws and Legal Requirements for a Marital Separation Agreement in Louisiana
The laws and legal requirements for a marital separation agreement in Louisiana are quite specific because legal separation can only be filed by spouses in a covenant marriage.
In a traditional marriage, spouses can still make a separation agreement, but the court cannot enact it or confirm its validity.
Section 9:307 of the Louisiana Laws Revisited Statutes states that in a covenant marriage, a spouse can get legal separation if they can prove one of the following:
Laws and Legal Requirements
The other spouse committed adultery.
The other spouse committed a crime and got a long sentence.
The other spouse left home for at least a year and is refusing to come back.
The other spouse is abusive.
The spouses have been living apart for two years.
The other spouse has a drinking problem and is abusive as a result.
Signing Requirements for a Marital Separation Agreement in Louisiana
The signing requirements for a marital separation agreement in Louisiana state that the agreement must be signed by both spouses and submitted in writing. It could also be signed in front of a notary public; this way, it gets more legal weight.
What Does a Marital Separation Agreement in Louisiana Cover?
A marital separation agreement in Louisiana covers a number of issues related to a married couple’s separation process. Common terms included in the separation agreement template are child support and property matters.
For child support, both parties decide how all children involved will be supported financially during the separation process.
Property matters cover the division of marital property and the management of assets obtained during the marriage before the separation. Living arrangements detail each spouse’s living situation for the duration of separation.
Spousal support involves one spouse providing the other with financial support when they are living separately. Depending on the circumstances, it can be temporary or permanent.