Louisiana Divorce Laws

If you're considering divorce in the Pelican State, you should learn Louisiana divorce laws. It can be challenging to navigate the family law courts in Louisiana. Having an experienced Louisiana divorce attorney by your side can help.

Here, we'll discuss the divorce laws in Louisiana. We'll also explain the legal requirements for divorce. Finally, we'll briefly describe how the courts determine such issues as alimony, child custody, and property division.

Legal Requirements for Divorce in Louisiana

To file for divorce, you must meet Louisiana's residency rule. 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 divorce.

Louisiana law also requires people in a "covenant marriage" 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.

No-Fault Divorce and Fault-Based Divorce in Louisiana

The Louisiana courts recognize no-fault and fault-based divorce. But, the courts only offer two grounds for divorce — 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.

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.

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

Most dissolutions in Louisiana are no-fault 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.

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.

Contested and Uncontested Divorce in Louisiana

There are different divorce processes for contested and uncontested divorces. Uncontested divorces 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.

With a contested divorce, the married couple disagrees on the material terms of the divorce. Some of these issues include:

• Alimony/spousal support
• Child custody
• Child support
• Community property vs. separate property
• Division of marital property and debts

If you and your spouse can't agree to these terms, the court will schedule a trial. Your divorce lawyer will ideally negotiate a settlement with your spouse's attorney. If not, the judge will decide these issues for you.

Alimony and Spousal Support in Louisiana

There is no guarantee that you'll get alimony in your divorce. The courts must determine that you are in financial need and that your spouse can afford to pay spousal support.

Louisiana recognizes two types of alimony: interim and final periodic. Interim alimony helps support the lower-earning spouse during the divorce proceedings. The judge may extend interim alimony for up to six months after the divorce.

The family law judge may order final periodic alimony in several situations. If the higher-earning party was unfaithful during the marriage, the judge may order them to pay alimony. The courts may also grant alimony if you need support to become self-sufficient. The courts use a needs-means test to determine the amount and duration of alimony.

Division of Marital Property

Louisiana is a community property state. This means that the courts divide marital property evenly between the parties. The courts in Louisiana presume that spouses own marital property jointly. It doesn't matter whose name is on the title.

The Louisiana Civil Code Sections 2325-2376 govern the division of marital property. If you have a prenuptial agreement, it will trump the community property rules. You must give your attorney a copy of this agreement before the divorce proceedings.

Louisiana law also recognizes separate property. This is property exempt from community property division. Separate property includes the following:

• Property you acquire before the marriage
• Gifts and inheritances
• Personal injury settlement monies (not including damages for lost wages or lost future earnings)

It's best if your attorneys negotiate property division. If left to the judge, strict community property rules will apply.

Louisiana Divorce Laws: At a Glance

If you're filing for divorce or are thinking about ending your marriage, you should review Louisiana's divorce laws.

Note: State laws are always subject to change through the passage of new legislation, higher court rulings, ballot initiatives, and other means. While we strive to provide the most current information, please consult an attorney or conduct legal research to verify your state's laws.

Louisiana Divorce Laws: Related Resources

• Divorce Property Division FAQ
• An Overview of No-Fault and Fault Divorce Law
• Divorce Attorneys

Not Sure Where to Begin? Get Professional Help With Your Divorce

The divorce process is difficult for everyone involved. Even if you and your spouse have an amicable divorce, it can be painful and emotionally draining. This is why hiring an experienced Louisiana divorce attorney is a good idea.

Not only is your Louisiana divorce lawyer familiar with Louisiana divorce laws, but they also know how the court system works. Plus, they have a working relationship with other divorce attorneys. This may make it easier for them to negotiate a fair settlement agreement.

With so much at stake, you owe it to yourself to seek legal advice before filing your divorce papers. Visit FindLaw's Louisiana divorce attorney directory to find a lawyer near you.