Filing for divorce does not immediately end your marriage. It initiates a court case which ultimately leads to your Final Judgment of Divorce - it is important to note that up until the judge has granted your Final Judgment, you are still legally married. There are two main types of divorce and then a few fault-based divorces, for more detailed information about these types of divorces check out our other blog article “How to File for Divorce in Louisiana.”
Basically, you and your spouse have to spend 365 days separate and apart if you have minor children, or 180 days if you do not. Separate and apart usually just means living in different houses and not outwardly acting and living as a couple. You can either spend the time apart and then file or file first and then spend the time separately. For fault-based divorces, however, do not have this waiting period.
After filing, the Sheriff has to serve notice of your petition upon your spouse. Your spouse is given an opportunity to respond to your petition and this begins the discovery process, partitions, custody, support, and all other issues. Typically, after everything has been settled and you have spent the required time separate and apart the judge grants your divorce.
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