The second type of filing that is often used is when divorce attorney files after the spouse has waited the requisite time

　　Generally speaking, if there are children of the marriage then he or she must wait 365 days before judgment ending the marriage can be entered, and if there are no children of the marriage, then the requisite time period to live separate and apart is 180 days. Once the judgment has been entered, the husband or wife may seek a determination of final periodic spousal support from the other spouse. When determining whether or not a party is entitled for final periodic spousal support, the trial court looks at several factors.

　　The Louisiana Civil Code lists several factors that a trial court must consider. The most obvious factor is the income and means of the parties including the liquidity of such means. One may be asking what the heck does that mean. Well let's take a hypothetical a divorce attorney may encounter. Sam and little Jane finally got their long-awaited judgment ending the marriage. However, little Jane cannot live without the support of Sam. During the marriage, Sam worked offshore. While he was never home, he made tons of cash drilling oil off the coast of Louisiana. Specifically, he made $125,000 a year. Additionally he owns several rental properties, had no debt, no delinquent taxes, and was in relatively good health. Little Jane on the other hand, has no assets, no income because she is disabled, and lives off of disability. Under the circumstances, a divorce attorney might be successful in requesting a trial court in awarding little Jane some periodic spousal support. (Sam's assets including his property and income earned during the marriage will be considered in determining an approximate award for periodic spousal support.)