Divorce

Divorce

In Louisiana, most divorces are going to be obtained through a "no-fault" divorce process. This means that the parties are not required to prove that either party committed any act of "legal fault." Rather, the parties only have to prove that they have lived separately for a certain period of time. If the parties do not have minor children, then they must live separately for at least 180 days before getting divorced. If they do have children, then they must live separately for 365 days.

There are also certain situations where you can obtain an immediate divorce if you can prove a fault-based cause for divorce. The fault based divorce claims involve adultery of the other spouse, domestic abuse, or the conviction of your spouse of a felony which causes them to be sentenced to prison at hard labor. In most circumstances, the divorce can be obtained faster through the no-fault process than through a fault-based cause.

Some people may elect to contract a "covenant marriage" under the Covenant Marriage Act. This type of marriage requires premarital counseling and a commitment by both spouses to making every effort to avoid divorce. Generally, in order to obtain a divorce when you have a covenant marriage, the parties must live separately for at least 2 years. Alternatively, a spouse can prove the other spouse was guilty of some fault-based cause for divorce. During the entire divorce process, the law requires that the parties continue to seek counseling in an attempt to save the marriage. A covenant marriage is also the only circumstance where you can obtain a legal separation under Louisiana law.