Judgment Regarding Matrimonial Regime of Separation of Property - Louisiana 2025

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There are three types of separation: trial separation, permanent separation, and legal separation. While legal separation must be approved by a family court and may serve as an alternative to divorce, trial and permanent separation are more immediate measures taken before a divorce or potential divorce.
It comprises: property acquired by a spouse prior to the establishment of a community property regime; property acquired by a spouse with separate things or with separate and community things when the value of the community things is inconsequential in comparison with the value of the separate things used; property
The acceptable grounds for legal separation from a covenant marriage in Louisiana include physical or sexual abuse, abandonment, or a felony conviction.
Article 103 no-fault divorces are for spouses who have already been living separate and apart for the required waiting period, which is either 180 or 365 days. If there are no minor children, or if there is physical or sexual abuse, then the waiting period is 180 days.
In Louisiana, legal separation is only available to couples in a covenant marriage. To file for a legal separation, you must provide the court with a legal reasonor, groundsfor your request. Additionally, you will need to participate in marital counseling before the judge can grant your petition for separation.

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Any property or income acquired during the marriage is classified as community property, while assets owed before the marriage or received as gifts or inheritances are considered separate property. During a divorce, courts aim to divide community property equally unless both spouses agree to a different arrangement.
Contact the Godley Law Firm It is relatively rare for spouses to maintain joint ownership after a divorce. Typically, either they sell the property or one spouse retains the home. In a scenario where one spouse keeps the home, the other one will receive their appropriate community property share of its value.

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