Divorce

“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