Getting a divorce can feel overwhelming, especially when you're trying to understand the legal requirements and process. Louisiana has its own unique divorce laws that differ from other states, and knowing these rules can help you navigate this difficult time more confidently. This guide will walk you through everything you need to know about getting divorced in Louisiana, from the basic requirements to the final steps of the process.
Louisiana's divorce laws are designed to protect both spouses and any children involved, but they also have specific time requirements and procedures that must be followed exactly. Whether you're considering filing for divorce or your spouse has already started the process, understanding these laws will help you make informed decisions about your future.
Who Can Get Divorced in Louisiana?
Before you can file for divorce in Louisiana, you must meet certain residency requirements. The law is clear about where and when you can file your divorce papers.
To file for divorce in Louisiana, either you or your spouse must be "domiciled" in the state. This means you've established Louisiana as your permanent home and have lived here for at least six months before filing. The law assumes you're domiciled in Louisiana if you've maintained a residence here for this minimum period of time.
You must file your divorce papers in the parish where either you or your spouse lives, or in the parish where you both lived together during your marriage. This gives you some flexibility in choosing where to file, which can be helpful if you've moved to different parishes since separating.
The residency requirement exists to ensure that Louisiana courts have the proper authority to handle your divorce case and make decisions about your marriage.
Types of Divorce Available in Louisiana
Louisiana recognizes two main types of divorce: no-fault divorce and fault-based divorce. Understanding the difference between these options is crucial because it affects how long the process takes and what you need to prove in court.
No-Fault Divorce
A no-fault divorce means you don't have to prove that either spouse did something wrong to cause the marriage to end. Instead, you simply need to show that you and your spouse have been living separate and apart for a specific period of time.
The waiting period depends on whether you have children under 18 years old:
Situation | Required Separation Time |
No children under 18 | 180 continuous days |
Have children under 18 | 365 continuous days (one full year) |
This separation time must be continuous, meaning you cannot have reconciled and lived together again during this period. If you did get back together, even briefly, the clock restarts from the beginning.
The separation period begins when you start living apart physically and at least one of you has expressed the intention to end the marriage. Simply living in separate bedrooms in the same house typically doesn't count as living "separate and apart."
Fault-Based Divorce
With a fault-based divorce, you're claiming that your spouse did something wrong that justifies ending the marriage immediately, without waiting for the separation period. Louisiana law recognizes several specific grounds for fault-based divorce:
- Adultery - Your spouse had an affair during the marriage
- Felony conviction - Your spouse was convicted of a serious crime and sentenced to death or imprisonment with hard labor
- Physical or sexual abuse - Your spouse abused you or your children during the marriage, regardless of whether criminal charges were filed
- Protective order violation - A court issued a protective order against your spouse to protect you or your children from abuse
Fault-based divorces often take longer and cost more because you must gather evidence and prove your claims in court. Your spouse will likely contest these allegations, leading to a more complicated legal battle.
The Article 102 vs. Article 103 Process
Louisiana divorce law provides two different procedures, known as Article 102 and Article 103 divorces, depending on your specific situation.
Article 102 Divorce
An Article 102 divorce is for couples who want to start the divorce process before completing the required separation period. You can file the initial papers, but the judge won't grant the final divorce until you've lived apart for the full 180 or 365 days.
The main advantage of filing an Article 102 divorce is that it stops the accumulation of community property from the date you file. This means any income, property, or debts acquired after filing are generally considered separate property rather than community property to be divided.
You can also begin addressing important issues like child custody, support, and temporary spousal support while waiting for the separation period to end.
Article 103 Divorce
An Article 103 divorce is for couples who have already completed the required separation period before filing. This process is typically faster because you can request the final divorce judgment immediately after filing, assuming you can prove you've met all requirements.
Most people find the Article 103 process more straightforward if they've already been separated for the required time.
What About Covenant Marriages?
Louisiana is one of only three states that still recognize covenant marriages, though they're quite rare. If you're unsure whether you have a covenant marriage, check your marriage certificate - it will be clearly noted there.
Covenant marriages have much stricter divorce requirements. Couples in covenant marriages cannot file for no-fault divorce and must prove specific fault grounds or show they've been separated for at least two years. They're also required to attend counseling before the divorce can be granted.
If you have a covenant marriage, you'll definitely need legal assistance because the process is significantly more complex.
Financial Support During and After Divorce
Divorce often creates financial challenges, especially if one spouse has been financially dependent on the other. Louisiana law provides two types of spousal support to address these concerns.
Interim Spousal Support
Interim support is temporary financial assistance available during the divorce process. To qualify, you must show that you need financial support and that you're not at fault for the divorce. This support can last up to six months after the divorce is finalized and is designed to maintain your standard of living during the transition.
Final Periodic Spousal Support
Final spousal support is long-term financial assistance that may continue after the divorce. To receive final support, you must prove three things: you need financial support, you're not at fault for the divorce, and your spouse can pay.
The law creates a presumption that you should receive spousal support if your spouse committed domestic abuse or if you obtained a fault-based divorce. However, the judge will consider many factors when determining the amount and duration:
- Each spouse's income and financial resources
- Financial obligations, including child support
- Earning capacity and employment prospects
- Time needed for education or job training
- Health and age of both spouses
- Length of the marriage
- Tax consequences
- History of domestic abuse
Generally, spousal support cannot exceed one-third of the paying spouse's net income, unless domestic abuse was involved.
Your spousal support will end if either spouse dies, you remarry, or you begin living with someone else in a marriage-like relationship.
Property Division in Louisiana Divorce
Louisiana follows community property laws, which means most property acquired during the marriage belongs equally to both spouses, regardless of whose name is on the title. This includes income, real estate, vehicles, and even debt.
However, separate property remains with the original owner. Separate property includes anything you owned before marriage, inheritances received during marriage, and gifts given specifically to one spouse.
The court will divide community property fairly, though not necessarily equally. Factors considered include each spouse's contributions to the marriage, their future financial needs, and any fault in the divorce.
Property division can become complicated, especially with businesses, retirement accounts, or valuable assets, so professional guidance is often helpful.
Child-Related Issues
When a couple with children divorces, the court must address custody, visitation, and child support. Louisiana law prioritizes the best interests of the children above all other considerations.
Custody Arrangements
Louisiana recognizes both physical custody (where the child lives) and legal custody (who makes important decisions). Parents may share joint custody or one parent may have primary custody with the other having visitation rights.
The court considers factors like each parent's relationship with the child, stability of the home environment, and the child's preferences if they're old enough to express them.
Child Support
Both parents have a legal obligation to support their children financially. Louisiana uses specific guidelines to calculate child support based on both parents' incomes and the number of children.
Combined Monthly Income | One Child | Two Children | Three+ Children |
$1,000 - $5,000 | 20-25% | 28-35% | 32-40% |
$5,001 - $10,000 | 18-23% | 25-32% | 29-37% |
Over $10,000 | Court discretion based on circumstances | Court discretion based on circumstances | Court discretion based on circumstances |
Child support typically continues until the child turns 18 or graduates from high school, whichever occurs later.
Steps in the Divorce Process
Understanding the basic steps can help you prepare for what lies ahead:
- Meet residency requirements - Ensure you've lived in Louisiana for at least six months
- Determine your grounds - Decide between no-fault or fault-based divorce
- File divorce papers - Submit your petition to the appropriate parish court
- Serve your spouse - Legally notify your spouse about the divorce proceedings
- Wait for response - Your spouse has time to respond or contest the divorce
- Address temporary issues - Handle immediate concerns like custody and support
- Complete separation period (if applicable) - Wait for the required 180 or 365 days
- Attend court hearings - Resolve any disputed issues
- Receive final judgment - The court grants your divorce
The entire process typically takes several months to over a year, depending on whether the divorce is contested and how complex your situation is.
Protecting Yourself During the Process
Divorce can be emotionally and financially challenging. Taking steps to protect yourself early in the process can prevent bigger problems later.
Keep detailed records of all income, expenses, and property. Make copies of important financial documents before your spouse has a chance to hide or destroy them. Open your own bank account and establish credit in your name if you haven't already.
If domestic violence is a concern, Louisiana courts can issue protective orders to keep you and your children safe. These orders can require your spouse to stay away from you, your home, workplace, and your children's schools.
Don't make major financial decisions or move out of state with your children without understanding the legal consequences first.
When You Need Professional Help
While Louisiana allows you to represent yourself in divorce proceedings, many situations benefit from professional assistance. Consider hiring an attorney if you have significant assets, own a business, have complex custody issues, or if your spouse has already hired a lawyer.
You might also need other professionals like financial advisors, child psychologists, or real estate appraisers to help value assets or address children's needs.
Free or low-cost legal aid may be available if you have a limited income. Many parishes also offer self-help resources and forms for people representing themselves.
Final Thoughts
Going through a divorce is never easy, but understanding Louisiana's laws can help you make informed decisions and protect your interests. Remember that every situation is unique, and what works for one couple may not be appropriate for another.
The most important thing is to focus on moving forward in a way that protects you and your children while allowing everyone to begin rebuilding their lives. Whether your divorce is simple or complex, taking the time to understand the process and your rights will serve you well.
While this guide provides general information about Louisiana divorce law, it's not a substitute for personalized legal advice. When in doubt, consult with a qualified attorney who can address your specific situation and help you navigate the legal system effectively.