Community property is that which is acquired during the marriage through the effort, skill or industry of either spouse, such as wages and employee benefit plans, property donated to the spouses jointly and other property not classified as separate. If the parties cannot agree on what assets and liabilities are to be partitioned to each party, or what values are to be assigned, the court will determine values and then divide all of the assets and liabilities so each spouse receives one-half of the net value of the joint estate. Most courts have special procedural rules concerning divorce and ancillary matters. A copy of these special rules should be obtained from the applicable clerk of court. These rules may only supplement, rather than replace, other requirements set forth in the state's statutes.
All courts have a set schedule of fees and costs for filing, service of pleadings and other charges.
If a party to a lawsuit cannot afford filing fees, etc., they may qualify to file in forma pauperis at either minimal or no cost. Special forms are normally required to obtain this status. A person also may qualify to obtain the services of a legal aid organization at minimal or no cost. The names, addresses and phone numbers of these organizations can be obtained from the Bar Association. This brochure, prepared by the Public Information Committee and the Family Law Section of the Louisiana State Bar Association, is not intended to be, and is not, an all-inclusive guide to divorce law in Louisiana.