A trial judge can deviate from the guidelines, but must give specific oral or written reasons why the deviation is in the children's best interest. This type of spousal support is designed to provide the needy ex-spouse with the basic necessities of life. Unless the parties before or during the marriage entered into a matrimonial agreement excluding or modifying the legal regime of community property, generally speaking, everything acquired by the spouses while residing in Louisiana is owned equally by them. 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.