Divorce is a method of terminating a marriage contract between two individuals. From a legal standpoint, divorce restores an individual’s right to marry someone else. The process also legally divides marital assets and debts, and determines the care and custody of the children. Each state addresses these issues differently. However, most states follow the same basic principles and use relatively uniform standards.
In some states you need to prove fault to obtain a divorce. However, in Louisiana, as in the majority of states allow at least one form of no-fault divorce in which the spouses are not required to prove that the other caused the breakdown of the marriage. As such, either you or your spouse may obtain a divorce, even if one of you does not consent to the divorce.
In most divorces, the primary issues to be decided are alimony or spousal support, property division, and, if there are children, child custody, visitation, and child support. In many cases, divorcing spouses have disputes regarding their post-marriage financial arrangements, and the care and custody of their children. Property division and spousal support are often hotly contested issues in divorce proceedings, but the early advice of an experienced family law attorney may be able to impact the ultimate result favorably.