Louisiana State Laws

Louisiana’s culture is strongly derived from those who settled the area over three hundred years ago. In addition to those who later immigrated to the area now known as Louisiana, the state holds the influences of African, Spanish, French, and Indian heritage. The influences are still strongly present in different areas of Louisiana.

More cultural influences are present in how Louisiana uses its state government. Louisiana has taken influences of Roman, English, German, and Spanish is governments and incorporated them into its own system. This state has created laws where the federal government has yet to makes laws. Many of these include bankruptcy laws, divorce laws, drunken driving laws, expungement laws, labor laws, gun laws, and others.

Bankruptcy

The federal government recently added new requirements for who may apply for different kinds of bankruptcy and set new holds on who is eligible for bankruptcy. These new federal laws are designed to decrease abuse on the nation bankruptcy system.

Louisiana has two different kinds of bankruptcy for personal use: Chapter Thirteen bankruptcy and Chapter Seven bankruptcy. Chapter Thirteen bankruptcy allows individuals to use their own income to pay off their outstanding debts. Upon acceptance, Chapter Thirteen bankruptcy will create a payment plan for each individual so that all debts can be paid within five years or less. Chapter Seven bankruptcy allows individuals to liquidate different portions of their property to be used for debt payment. This process can be completed in as little as three months.

Divorce

The state of Louisiana requires that those filing for divorce first be state residents for at least twelve months prior to petitioning. Since all divorces in Louisiana are seen through the Judicial District Court, where residents live designates where they will file for divorce. A spouse may file for divorce, and he or she may do so in either his or her own county or that of his or her spouse.

If a divorce petition is filed to the incorrect county, the petition will be dismissed. An individual does not need to be a state resident of Louisiana as long as his or her spouse is a Louisiana resident for the required amount of time. Louisiana, unlike most other states, does require that both individuals file for divorce.

Drunk Driving

The national blood alcohol content limit is set at 0.08 percent. Those who exceed this limit will be arrested and later charged. The conviction for driving under the influence depends on any prior offenses and any aggravating circumstances. Having a blood alcohol content level of 0.15 percent or higher will result in increase punishments, despite being a first offense.

Punishments for driving under the influence in Louisiana include community service, incarceration, fines, driver’s license suspension, and substance abuse courses.

Overtime

In 1938 the national government created an act that requires employers to pay their employees more for working overtime. The Fair Labor Standards Act states that working more than forty hours a week is considered overtime. Louisiana currently sets its overtime payment to paying time-and-one-half an hour for any time worked over forty hours.

Louisiana Law Articles