Divorce in Louisiana

Divorce is the termination of a marriage by judicial decree.  Just because you and your spouse have quit living together, and may not have lived together for years, you are still not considered legally divorced in Louisiana.  In Louisiana, divorce can be “no-fault” or can be due to the actions of the other spouse.  For a “no-fault” divorce all that is necessary is that the parties have been living separate and apart for the required period of time.  How long the parties have to live separate and apart depends on whether there are minor children of the marriage and whether the parties entered into a covenant marriage.  Examples of fault would be if the other spouse committed adultery, was physically abusive, or was convicted of a felony and sentenced to hard labor. 

A proceeding for divorce is begun by one spouse filing a petition in court.  The petition has to set forth certain facts about the marriage and grounds for divorce.  After certain legal formalities have been met a judgment has to be submitted to the court in order to obtain a final decree of divorce.  In order to file a divorce in Louisiana at least one of the parties must be domiciled in this state.  While the petition can just be for divorce, it can also address family law issues like child custody and visitation, child support, and separation of community property.  If these issues are not addressed in the initial divorce proceeding, they can still be addressed later.  

The recent U.S. Supreme Court decision of Obergefell v. Hodges legalized same-sex marriage throughout the United States, including Louisiana.  Same-sex couples must also go through the same divorce proceedings as any other married couple.