Louisiana Marital Settlement (Divorce) Agreement Form [PDF]

A Louisiana marital settlement agreement form is a legal document that married couples can use to record their terms and agreements made during the divorce negotiations. This document addresses important matters, such as child custody, alimony, and the parenting plan.

A divorce settlement agreement allows spouses to enter an uncontested divorce process where agreements are made outside of court, and if the judge decides that the terms in the document are fair, then the agreement can be added to a divorce decree.

Divorce Forms

The divorce forms must be filed with the district court in the parish where the petitioner resides. The filing fee can range from $100 to $350, depending on the parish. The waiting period is at least 30 days.

Divorce Laws and Legal Requirements in Louisiana

Divorce laws and legal requirements in Louisiana should provide legal protection and guidance to both spouses during the divorce process.

Divorce Laws and Legal Requirements

Alimony: Articles 111 and 112 of the Louisiana Laws state that the court may order one spouse to pay support to the other, provided that the other spouse was not at fault when the divorce was filed. The court will determine the amount of alimony based on both spouses’ income, their age and health, and marriage length.
Child support: According to Sections 315.2, 315.8, and 315.14 of the Louisiana Laws, the basic child support amount is based on both parents’ income and the number of children. This basic child support, along with health insurance and child care expenses, forms a total child support that cannot be less than $100.
Division of property: Louisiana follows community property laws, which means that each spouse owns half of the marital property, and it is typically divided equally during the divorce process. Article 2338 of the Louisiana Laws specifies what is considered community property.
Grounds for divorce: Article 103 of the Louisiana Laws states that a petitioner will be granted a divorce if they can prove that the other spouse committed adultery, felony, or was abusive to them or their children. To file for a no-fault divorce, they have to meet separation requirements.
Separation: The couple must live apart for at least 6 months for them to be able to file for no-fault divorce, as stated in Articles 102 and 103.1 of the Louisiana Laws. The sections further state that if the couple has children, they have to be separated for a year in order to file for divorce.
Interim support: Each spouse has the right to ask for temporary support from the court, according to Article 113 of the Louisiana Laws. The court will then grant support based on the spouse’s needs, living standards, and other spouses’ ability to pay the support.
Residency: Article 10 of the Louisiana Laws states that one spouse should be a resident of Louisiana for at least 6 months before filing for divorce.

How to File for a Divorce in Louisiana in 5 Steps

The following section will provide information on how to file for divorce in Louisiana in 5 steps so that the spouses can have a general idea of the divorce process.

#1. Meet Legal Requirements

The first thing to do before filing for divorce is to check if the spouse meets legal requirements. As stated before, one spouse should be a resident of Louisiana for 6 months prior to filing; if neither of them meets the requirements, then they should file for divorce in the state where they do.

Additionally, if they want to file for no-fault divorce, then they have to be separated for at least 6 months (or a year if they have children). However, a separation period is not needed if the petitioner can prove that the other spouse was abusive, committed adultery, or committed a felony.

#2. File Completed Divorce Papers

The petitioner should obtain the petition for divorce from the district court in the parish where they reside. There are two types of petitions—one for couples with children and the other for couples without children.

To complete the document, the petitioner must provide personal information about both spouses and information about children and marriage. After that, the petition must be signed in front of the notary public and filed with the court.

The petitioner will also have to pay a filing fee, but if they are unable to pay it, they should ask the court clerk about the procedure for a fee waiver, as it may vary between parishes.

#3. Serve the Respondent

A copy of the petition for divorce must be served to the respondent within 90 days. This can be done in person, by mail, a private process server, or by the sheriff. Always ask the court clerk what the accepted ways of serving papers are in your parish because they are not always the same.

The court will also need proof of service to make sure the respondent is aware of the divorce complaint. The respondent now has 15 days to answer, and if they disagree with the petition terms, then they enter the contested divorce process.

When divorce is contested, then the judge will decide on matters like child custody, alimony, or division of marital property instead of spouses.

#4. Complete Marital Settlement Agreement

Spouses who want to start an uncontested divorce process should complete a marital settlement agreement. This document contains all agreements spouses made during the negotiations. To make one, spouses do not need any legal assistance.

They just need to acquire a marital settlement agreement template and customize it to meet their needs. The document needs to be signed in front of the notary public and filed with the court. Finally, the petitioner needs to schedule the hearing with the court clerk.

When the date is set, the respondent must be informed. The clerk will issue a notice of hearing, and the petitioner will serve it on the respondent.

#5. Final Hearing and Judgement

At the final hearing, both parties will have the opportunity to make statements and provide evidence to support those statements if needed. The judge will ask questions to get a clear picture of the situation, and if everything is in order, the divorce will be granted.

The judge will sign the divorce decree, and the court clerk will send copies of the decree to the spouses. Marriage is finalized when the spouses receive their copies of the divorce decree. With this document, they can change their name if a request is made in the petition.