Can you enforce an out-of-state divorce in Louisiana?
State laws oversee how divorces proceed and inform spousal support and child custody agreements. If another state issued your divorce decree, but you plan to move to and live in Louisiana, it’s important to know whether Louisiana will enforce an out-of-state divorce.
Trust The Johnson Firm to answer your out-of-state divorce questions. The Lake Charles divorce attorneys from our team will guide you through your divorce-related issues as you transition to your new residence.
Does Louisiana honor divorce agreements from other states?
States, including Louisiana, typically recognize and uphold marriages, prenuptial agreements, and divorces finalized in other states, including child custody and support and spousal support agreements. The United States Constitution’s Full Faith and Credit Clause protects these orders from state to state.
Divorced couples do not become “un-divorced” upon a move and can expect their divorce ruling to be enforced in another state. However, the move may prompt the need to modify existing custody and support orders. For new Louisianans, it is best to partner with a skilled Lake Charles divorce lawyer when pursuing these modifications.
How does Louisiana manage child custody agreements made out of state?
Most states, including Louisiana, have passed the Uniform Child Custody Jurisdiction And Enforcement Act (UCCJEA). The Act gives the state where the child lives jurisdiction over some issues related to child custody. This way, divorced parents do not have to travel back to the state originally issuing the divorce to modify the part of the decree establishing custody arrangements.
Enforcing judgments made following a divorce in another state is relatively seamless, and the UCCJEA can help speed up the modification process. Whether your relationship with your ex is amicable or hostile, modifying a decree can reopen old wounds or exacerbate those that haven’t healed, leading to contention and serious consequences for your children and your relationship with them. Be sure to secure representation from The Johnson Firm to protect your family’s best interests.
Are other elements of a divorce ruling enforced in another state?
For family law concerns such as child visitation, child support, and spousal support, Louisiana abides by the Uniform Interstate Family Support Act (La.Admin.Code. tit. 67. Pt. II, 2524), which allows the court that issued the divorce to maintain jurisdiction over those elements, provided one party still lives within that court’s jurisdiction. It does not matter if the child or other spouse lives elsewhere.
When all parties can agree to move jurisdiction to another state’s court system, they must file an agreement with the court that initially established the order. There are some exceptions to this rule and if your ex will not agree to moving jurisdiction, you may still be able to obtain a court judgment that allows otherwise.
How can an attorney help enforce a divorce decree in another state?
The divorce process is hard. It can be time-consuming, emotionally exhausting, and financially draining. The relief that comes with finally getting that decree can be replaced with extreme anxiety when you need to move to another state, such as Louisiana.
Each team member fully understands the laws governing Louisiana’s response to out-of-state divorces and modifications to the agreement. We will carefully manage your case, answer your questions, and update you on our progress.
Your Louisiana divorce team
Moving to another state won’t wreak havoc on your divorce decree, but it will likely affect subsequent custody and support judgments. Enforcing a divorce judgment in another state is a matter of law in Louisiana. If an unhappy ex is telling you otherwise or if you need to modify your decree, The Johnson Firm is here to help.
Reach us through our online contact form or at (337) 433-1414. Our Lake Charles divorce attorneys will work to protect your interests and your children’s interests so you can “start fresh” and rebuild in your new state.