If a couple wants to end their marriage, a divorce is the legal process followed in Louisiana. However, a divorce is not the only way to end a marriage. A spouse may file for an annulment if they meet the requirements. An annulment differs from a divorce even though the result is the same – the marriage ends.
The divorce process in Louisiana is a civil court process. A spouse must petition the court to begin the Louisiana divorce process. One of the spouses must be a resident of the state for at least six months before the divorce papers are filed with the court.
Most couples pursue a no-fault divorce, but the state also has fault grounds, such as adultery. The court must enter a final divorce decree to end the marriage.
What Is an Annulment in Louisiana?
An annulment is a legal proceeding in civil court. A spouse files a petition requesting the court to nullify the marriage. Unlike a divorce, an annulment renders the marriage void. In other words, an annulment declares that the marriage was never legally valid. Therefore, the annulment retroactively voids the marriage.
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What Are the Requirements for an Annulment in Shreveport, LA?
Articles 86 to 97 of the Louisiana Civil Code govern annulments in the state. An annulment means that the marriage was invalid because of a legal reason. Annulments may be granted when:
- One spouse was in a valid marriage when they married this spouse
- One or both spouses were underage at the time of the marriage
- One or both spouses were not of sound mind at the time of the marriage
- The couple is related by blood
- A spouse was coerced or forced into the marriage
An absolutely null order nullifies the marriage retroactively to the marriage date. A relatively null order nullifies the marriage at the time of the order. Like a divorce, one spouse must file a petition with the court asking for an order ending the marriage.
Alimony in an Annulment
Alimony or spousal support is financial support paid by one spouse to the other during a divorce proceeding. The support may continue after the divorce is granted.
However, when a marriage is annulled, it is as if it never occurred. Therefore, courts typically do not grant alimony or spousal support in annulments. Because the parties were never married in the eyes of the law, there is no legal requirement for a spouse to support the other spouse.
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Property Division in an Annulment
Louisiana is a community property state. Generally, spouses have an equal interest in property and income acquired during the marriage for property division purposes. However, an annulment nullifies the marriage. There is no marital estate to be divided between the parties.
The spouses usually take the property they had before the marriage or acquired in their name alone between the marriage date and the annulment. The court may order assets titled jointly to be divided equally between the spouses.
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Child Custody and Child Support in an Annulment
Even though the court nullifies the marriage, children born to the couple are legitimate. Therefore, children retain their inheritance rights and the right to child support. Both parents are responsible for providing for their children.
The court will order child support as it would in any other case. The amount of child support will be based on the Louisiana child support guidelines. Generally, child support is based on:
- The gross income of each parent
- The number of children to be supported
- Childcare costs
- The amount of parenting time the child spends with each parent
- Education expenses
- Medical costs
- Health insurance premiums
Child custody is usually based on what is in the best interests of the child. The court encourages parents to develop a custody arrangement that benefits their children. However, if the parents dispute custody, the court decides what is in the child’s best interest.
The court considers numerous factors when deciding a custody case. In addition to the factors outlined in the statute, judges may consider other factors they deem relevant to deciding what is best for a child. The judge may order joint or sole custody.
Seeking Legal Advice for an Annulment in Louisiana
The annulment process can be complicated, especially when a spouse disputes that the marriage is invalid. The issues relating to the annulment can also complicate a case, including custody and support. It is best to seek legal advice from an experienced Shreveport annulment lawyer before attempting to annul a marriage.
Contact our North Louisiana Litigation Lawyers at Knight Law Firm for Help Today
For more information, contact our experienced divorce attorneys at Knight Law Firm to schedule a consultation.
We proudly serve Shreveport, Monroe, Ruston, and the surrounding areas of North Louisiana.
Knight Law Firm – Shreveport Office
401 Market Street Suite 1006, Shreveport LA 71101
(318) 323-2213
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