{"id":373660,"date":"2016-03-31T21:35:24","date_gmt":"2016-04-01T02:35:24","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/louisiana-law\/louisiana-legal-requirements-for-divorce.html"},"modified":"2025-02-21T16:42:20","modified_gmt":"2025-02-21T21:42:20","slug":"louisiana-legal-requirements-for-divorce","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/louisiana-law\/louisiana-legal-requirements-for-divorce.html","title":{"rendered":"Louisiana Divorce Laws"},"content":{"rendered":"\n
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Louisiana Divorce Laws<\/h1>\n
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\n By Christie Nicholson, J.D.<\/a> | Legally reviewed by FindLaw Staff<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

If you’re considering divorce in the Pelican State, you should learn Louisiana divorce laws<\/a>. It can be challenging to navigate the family law courts in Louisiana. Having an experienced Louisiana divorce attorney<\/a> by your side can help.<\/p>\r\n

Here, we’ll discuss the divorce laws in Louisiana. We’ll also explain the legal requirements for divorce<\/a>. Finally, we’ll briefly describe how the courts determine such issues as alimony, child custody, and property division.<\/p>\r\n

Legal Requirements for Divorce in Louisiana<\/h2>\r\n

To file for divorce, you must meet Louisiana’s residency rule<\/a>. Before you file your divorce petition, you must prove that you’ve lived in-state for at least six months. Also, there is a mandatory separation period if you file an Article 102 no-fault divorce or an Article 103 fault-based<\/a> divorce.<\/p>\r\n

Louisiana law also requires people in a "covenant marriage<\/a>" to undergo counseling before filing for divorce. In a covenant marriage, the couple makes a specific commitment to each other, making it harder to dissolve the marriage.<\/p>\r\n

No-Fault Divorce and Fault-Based Divorce in Louisiana<\/h2>\r\n

The Louisiana courts recognize no-fault and fault-based divorce<\/a>. But, the courts only offer two grounds for divorce \u2014 adultery and imprisonment. If you cite imprisonment as the grounds for your divorce, you must prove that the courts sentenced your spouse to death or prison with hard labor.<\/p>\r\n

For a no-fault divorce, Louisiana family law requires that you and your spouse separate for at least 180-365 days before filing for divorce. If you have no minor children, the mandatory separation period is only 180 days. If you have kids, the waiting period is 365 days.<\/p>\r\n

Under Louisiana Civil Code Tit. V, Art. 103(4)<\/a>, the court will grant an immediate divorce (without a mandatory waiting period) in cases involving domestic violence or sexual abuse.<\/p>\r\n

Most dissolutions in Louisiana are no-fault<\/a> divorces because it’s the path of least resistance. You and your spouse must only say you have irreconcilable differences and the marriage is beyond repair. The period of time between filing your petition for divorce and the judge issuing your final divorce decree is shorter.<\/p>\r\n

You might want to use fault grounds to gain an advantage in the divorce proceedings. Louisiana judges consider marital misconduct when determining child custody, spousal support, and division of marital property<\/a>.<\/p>\r\n

Contested and Uncontested Divorce in Louisiana<\/h2>\r\n

There are different divorce processes for contested and uncontested divorces. Uncontested divorces<\/a> are more straightforward and take much less time than contested divorces. This is because the parties in an uncontested divorce already agree to the divorce terms. They also have a marital settlement agreement and have submitted a copy to the court.<\/p>\r\n

With a contested divorce<\/a>, the married couple disagrees on the material terms of the divorce. Some of these issues include:<\/p>\r\n