Residency Requirements:
In order to file for dissolution of marriage in the state of Louisiana,
the filing spouse must have been a resident for one year. Further, once
the petition for dissolution has been filed, there is a 180-day waiting
period before it can be finalized.
Legal Separation:
There are no legal grounds for separation. However, the spouse may
petition the court for spousal support. This is intended for a couple
that wishes to live apart but not divorce.
General Divorce Procedure:
In Louisiana, the respondent/Defendant does not have to answer the
petition for divorce. In addition, a divorce will not be granted until
a motion entitled “Rule to show cause” is filed.
Where to file for divorce:
File in the parish of the respondent/defendant, in writing, signed
by the party fililing, and registered by the recorder.
Title of Divorce action:
Petition for Divorce.
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Grounds for Louisiana Divorce:
No-fault:
That a spouse desires a no-fault divorce is
ground for divorce in Louisiana. There are no requirements to show
marital breakdown, fault, living separate and apart, or any other
basis for a divorce. After the filing of a petition, the divorce
will be granted after a period of 180 days has elapsed from the
filing date and if the spouses have lived separate and apart
since the filing for divorce petition. Reconciliation is essentially
the only defense to a divorce sought on these grounds.
Fault-based:
Fault-based grounds include living separate and apart for a period of
six months or more on the date of filing the petition, adultery, or
the other spouse has committed a felony and has been sentenced to
death or imprisonment with hard labor.
Mediation or Counseling:
If there is a child custody dispute or if it appears to be in the best
interests of the child, the court may order mediation. The parties may
agree to submit any disputed issue to mediation at any time.
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