Louisiana Divorce Law – The Bare Basics

Louisiana, as most other states, is a “no-fault” divorce state. It is no longer necessary to prove fault of either party to obtain a divorce in Louisiana.

If the spouses have been living “separately and apart without reconciliation” for the designated amount of time:  one year (365 days) if they have children under the age of 18, or six months (180 days) if there are no minor children “of the marriage.” If one or both spouses has minor children from another marriage, but not together from their current marriage, they can get the six-month divorce.

If the parties are just separating, they must proceed according to Louisiana Civil Code Statute 102, filing the petition at the time of separation (they must be separated when the petition is filed) and the “rule to show cause why divorce should not be granted” at the end of the designated time.

If the parties have already been separated without reconciliation, they can proceed according to Louisiana Civil Code Statute 103 and 103.1, which allows them to obtain the judgment of divorce without having to start counting the separation time all over again.

These basic Louisiana Divorce statutes are given below.


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