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Infidelity or other bad behaviors do not affect the amount of community property one is entitled to. Also, one is not entitled to more spousal support, child support, or custody rights even if they can prove their spouse had an affair. Today in Louisiana, adultery actually plays a very minor role in a divorce.
Is Louisiana a Community Property State? Yes, Louisiana is in the minority of states that follows community property laws. Most states adhere to equitable distribution principles, but Louisiana isnt one of them. Louisiana community property laws seek to divide a couples property equally in a Louisiana divorce.
Under Louisiana law, marital property, or property acquired during the marriage, is distributed equally (50-50) to each party unless the court finds such a division to be inequitable or parties agree to a different formula under which to divide property.
To get divorced without your spouses agreement, you have two options: Wait until you have lived separately for 5 years then submit a divorce petition. Go to court and have a judge decide whether your divorce can go ahead.
Other property that is owned by you must be listed in your last will and testament to override Louisiana intestate laws. This includes one-half all community property, or property acquired by you and your spouse during your marriage and separate property that belongs only to you.
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The state of Louisiana is a jurisdiction which employs what is known as a community property system. The system has docHub implication when it comes to property rights during marriage and after dissolution of marriage.
For instance, although Louisiana is a community property state not all funds received from a personal injury settlement from an incident such as a car accident or slip and fall case will be classified as such.
What assets am I entitled to in a divorce in Louisiana? Generally speaking you are entitled to half of everything obtained or acquired during the existence of your marriage (except of course if a prenuptial exists stating otherwise).
In Louisiana, any assets that you will acquire during the subsistence of marriage is considered community property unless otherwise classified as separate property. Under this system, both spouses are entitled to equal share(50-50) of the interest in all assets acquired during marriage.
Theres a strong presumption under Louisiana law that all assets and debts a couple accumulates during marriage are community property. Separate property is property that one spouse owned alone before the marriage, acquired by gift or inheritance during the marriage, or property covered by a prenuptial agreement.

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