How to file for divorce in Louisiana

In Louisiana, there are two basic ways to get a divorce: a no-fault divorce or a fault-based divorce. (La. C.C. Art 102.; La. C.C. Art. 103.)

If you and your spouse don’t have minor children then a no-fault divorce only requires that you two live 180 days separate and apart. If you and your spouse do have minor children then you must live separate and apart from your spouse for 365 days. You may either file and then spend the required time apart or you can spend the necessary time separated and then file for divorce afterwards.

Time spent ‘separate and apart’ is actually quite a nuanced topic but it basically means living in different homes and no longer acting as a couple. If this is not a feasible option for you, schedule a consultation today to learn about more possible alternatives.

Fault-based divorces are available only in certain circumstances, but you don’t have to live separate and apart for a period before obtaining your final divorce. You can file for a fault-based divorce if any of the following has occurred;

• The other spouse committed adultery;
• The other spouse has committed a felony and has been sentenced to death or imprisonment at hard labor;
• During the marriage, the other spouse physically or sexually abused the spouse seeking divorce or a child of either spouse;
• If a protective order was issued against a spouse to protect the divorce seeking spouse or a child of one of the spouses from abuse.

A fault-based divorce may be a better option when the circumstances allow for it. Since there is no required period of separation, these cases can potentially move more quickly, which may also reduce the overall cost of the divorce. However, every case is different, and proving fault can sometimes create additional legal work and expense. 

Filing fees for a Louisiana divorce vary by parish but generally range from $200 to $600. The community property regime also terminates retroactively to the date the divorce was filed. (La. C.C. Art. 159.)

Every case is different, and the details of your situation matter more than any general guide ever could. If you're facing this and want to understand exactly where you stand, I'd rather talk it through with you directly than have you guess based on an article.

Schedule a confidential consultation with The Hatfield Law Office, and let's figure out the right next step for your family.

DISCLAIMER: This post is only general information, not legal advice. This post does not create an attorney-client relationship. Schedule a consultation with Attorney Teresa to learn more about your case.