Divorce in Louisiana
Thinking about ending your marriage in Louisiana? You’re not alone. Thousands of Louisiana residents file for divorce each year — and while the process can feel overwhelming, Louisiana law provides a clear path to help you move forward. Whether your marriage lasted months or decades, you have the right to legally separate and start fresh.
Louisiana offers both no-fault and fault-based divorce options. Most couples choose no-fault divorce, which means you don’t need to prove wrongdoing — just that you’ve lived separate and apart for the required period (180 days without children, 365 days with minor children).
If your situation involves adultery, abuse, or other misconduct, you can file for a fault-based divorce, which may allow faster resolution and affect property division or support decisions.
Do I Need My Spouse’s Permission to File?
No. In Louisiana, you don’t need your spouse’s consent to file for divorce. Once you meet residency and legal requirements, you can move forward even if your spouse refuses to participate.
If they fail to respond, the court can grant a default judgment in your favor.
How Long Does the Divorce Process Take in Louisiana?
The minimum waiting period for a no-fault divorce is 180 days if there are no children, or 365 days if you share minor children.
Fault-based divorces may be finalized sooner, depending on the facts of your case.
On average, most Louisiana divorces take 6 months to a year, depending on disputes over custody, finances, or property.
Who Can File for Divorce in Louisiana?
To file in Louisiana, you or your spouse must be domiciled in the state for at least six months before filing. You can file in the parish where either spouse lives or where you last lived together.
If you’ve recently moved to Louisiana, you’ll need to wait until you meet the residency requirement before filing.
Legal Process in Louisiana
Step 1: File the Petition
Start by filing a Petition for Divorce under Article 102 or 103 of the Louisiana Civil Code and pay the filing fee.
Step 2: Serve Your Spouse
Officially deliver the divorce papers to your spouse through the sheriff’s office or a process server.
Step 3: Exchange Financial Disclosures
Both parties must share financial details — including assets, debts, income, and expenses — to ensure fair division.
Step 4: Settle or Go to Court
If you agree on all terms (property, custody, support), your divorce can be finalized quickly. If not, a judge will decide after hearings or trial.
Step 5: Finalize the Divorce
Once all requirements are met and paperwork is approved, the court will issue a final divorce decree, officially ending your marriage.