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Legal Information: Louisiana

Louisiana Divorce

Laws current as of
November 21, 2023

This section has basic information about divorce in Louisiana, including the grounds to get a divorce and the residency requirements that must be met to file for a divorce in Louisiana. You will find more information about divorce, including the risks of taking your children out of state while a divorce is pending, on our general Divorce page. To watch brief videos about divorce in Spanish with English sub-titles, go to our Videos page. Lastly, learn more about the court process on our Preparing for Court – By Yourself page.

 

What are the residency requirements for divorce in Louisiana?

You can file for divorce in Louisiana if, at the time of filing, one or both of the spouses are “domiciled” in Louisiana.1 The law assumes that a person is “domiciled” in Louisiana if s/he has established and maintained a residence there for at least six months.2 The divorce must be filed in a parish where either party is domiciled, or in the parish where you were domiciled together in the marital home.3

1 LA Code Civ Pro 10(A)(7)
2 LA Code Civ Pro 10(B)
3 LA Code Civ Pro 3941(A)

What are the grounds for divorce in Louisiana?

“Grounds” are legally acceptable reasons for a divorce. There are no-fault and fault-based grounds for divorce in Louisiana.

A judge can grant a no-fault divorce if you and your spouse have lived separate and apart continuously for at least:

  • 180 days if you and your spouse do not have a child together under 18 years old; or
  • 365 days if you and your spouse do have a child together under 18 years old.1

A judge can grant a fault-based divorce if:

  1. your spouse has committed adultery;
  2. your spouse has committed a felony and has been sentenced to death or imprisonment with hard labor;
  3. your spouse physically or sexually abused you or your child/step-child during the marriage – it does not matter if s/he was criminally charged with the abuse; or
  4. a criminal or civil protective order or injunction was issued during your marriage against your spouse to protect you or your child/step-child from abuse.2

Note: If you have a covenant marriage, different laws apply. Please talk to a lawyer about filing for a divorce from a covenant marriage.

1 LA Code Civ Pro 103(1); 103.1
2 LA Code Civ Pro 103

Can I get spousal support?

Spousal support, also known as alimony, is financial support paid by or to your spouse.  To get interim periodic support, which is awarded during the divorce, or final periodic support, which is awarded at the conclusion of the divorce, the judge must believe that:

  • you are in need of support; and
  • you are not “at fault” for the divorce.1

To get final periodic support, the judge must also consider your spouse’s ability to pay support.1 The judge will assume that you should be granted final periodic support if:

  • the judge determines that your spouse committed domestic abuse against you, your child, or your spouse’s child; or
  • you were granted a judgment of divorce based on one of the four fault-based grounds explained in What are the grounds for divorce in Louisiana?2

When deciding the amount of support that you will get and for how long you will receive support, the judge will consider all relevant factors, including:

  1. the income and finances of each spouse;
  2. the financial obligations of each spouse, including any interim support that is ordered or a final child support obligation;
  3. how much each spouse is capable of earning, including the effect that having custody of children has upon a spouse’s earning capacity;
  4. the time necessary for you to get appropriate education, training, or employment;
  5. the health and age of the parties;
  6. the length of the marriage;
  7. the tax consequences to each spouse; and
  8. if your spouse committed domestic abuse against you, your child, or against your spouse’s child, the judge will consider:
    • the effect of such abuse; and
    • the length of time that the abuse went on.3 Note: To determine if your spouse committed domestic abuse against you, the judge will consider any criminal convictions for an offense committed against you during the marriage. If there are no such convictions, the judge can order an evaluation of both parties by an independent licensed mental health professional who has experience in the field of domestic abuse to help determine if there was abuse and the nature of the abuse.4

Your interim or final periodic spousal support will end if:

  • either spouse dies;
  • you remarry; or
  • if there is a judicial determination that you live (“cohabitate”) with someone else in a way similar to a married couple.5

1 LA Code Civ Pro 111; 112(A)
2 LA Code Civ Pro 112(C)
3 LA Code Civ Pro 112(B)
4 LA R.S. § 9:327
5 LA Code Civ Pro 115

How much spousal support can I get?

The amount of support you will receive cannot be greater than one-third of your spouse’s net income unless either of the following are true:

  1. the judge determines that your spouse committed domestic abuse against you, your child, or your spouse’s child; or
  2. you were granted a judgment of divorce based on either of these fault-based grounds:
    • ​your spouse physically or sexually abused you, your child, or your spouse’s child during the marriage regardless of whether s/he was criminally charged with the abuse; or
    • a criminal or civil protective order or injunction was issued during your marriage against your spouse to protect you, your child, or your spouse’s child from abuse.1

In either of these two scenarios, you can receive a lump sum that is greater than one-third of your spouse’s net income.2

1 LA Code Civ Pro 112(D); 103
2 LA Code Civ Pro 112(D)

Can I keep my insurance coverage even though my abusive spouse was the policyholder?

If you are a victim of domestic abuse and you are covered under your spouse’s policy, you may be able to convert that insurance coverage to your own policy for you and your dependent children once you get a judgment of divorce legal separation from the abusive spouse. The converted policy is supposed to provide the same benefits, including deductibles, coinsurance, and copayments, as the policy from which coverage is being converted.1

In order to convert the coverage to your own individual policy, you should:

  • notify the health insurance company that you want to convert your spouse’s policy into your own individual policy within 30 days of receiving the notice of termination of the policy; and
  • provide the health insurance company with a copy of the divorce decree or separation order.1

1 LA R.S. § 22:1078(C)

What types of injunctions related to abuse and harassment can a judge issue in a divorce case?

If the judge believes that there is family violence, the judge is supposed to issue an injunction as part of the divorce. The injunction, which takes the form of an abuse prevention order, would prohibit the violent spouse from contacting the abused parent or the children except for specific purposes such as communication about the children’s education, health, and welfare. The injunction will also order the violent parent to stay at least fifty yards away from the abused parent and children as well as their home, school, place of employment. It will also state that the abuser cannot come within fifty feet of the abused parent’s automobiles, except as may otherwise be necessary for court-ordered visitation.1

A violation of the injunction can punished as contempt of court and will result in the termination of all court-ordered child visitation.2

A judge can also grant an injunction that specifically prohibits a spouse from physically or sexually abusing the other spouse or a child of either of the parties.3

Lastly, a judge can issue an injunction prohibiting one spouse from harassing the other spouse.4

1 LA R.S. §§ 9:366(a); 9:362(5)
2 LA R.S. § 9:366(b)
3 LA R.S. § 9:372(a)
4 LA R.S. § 9:372.1

What are the basic steps for filing for divorce?

While divorce laws vary by state, here are the basic steps:

  • First, you must meet the residency requirements of the state in which you wish to file.
  • Second, you must have “grounds” (a legally acceptable reason) to end your marriage.
  • Third, you must file divorce papers and have copies sent to your spouse.
  • Fourth, if your spouse disagrees with anything in the divorce papers, s/he will then have the opportunity to file papers telling his/her side. This is called “contesting the divorce.” In this case, you will have to attend a series of court appearances to sort the issues out. If your spouse does not disagree with anything, s/he should sign the papers and send them back to you and/or the court. This is called an “uncontested divorce.” If a certain period of time passes and your spouse does not sign the papers or file any papers of his/her own, you may be able to proceed with the divorce as an uncontested divorce anyway. You should speak to a lawyer in your state about how long you have to wait to see if your spouse answers the divorce papers before you can continue with the divorce.
  • Fifth, if there is property that you need divided, or if you need financial support from your spouse, you will have to work that out in an out-of-court settlement, or in a series of court hearings. Custody may also be decided as part of your divorce.

Where can I find additional information about divorce?

Louisiana State Bar Association has a divorce brochure with information on spousal support and one with information on community property.

LawHelp.org has information about covenant marriage.

WomensLaw.org is unrelated to the above organizations and cannot vouch for the accuracy of the information on their sites. We provide these links for your information only.

You will find more information about divorce, including the risks of taking your children out of state while a divorce is pending, on our general Divorce page. To watch brief videos about divorce in Spanish with English sub-titles, go to our Videos page. Lastly, learn more about the court process on our Preparing for Court – By Yourself page.