Louisiana Divorce Law

Divorce - State Law Summary - Louisiana

Notes: This summary is not intended to be an all-inclusive summary of the laws of divorce in Louisiana, but does contain basic and other procedures.

Grounds
Except in the case of a covenant marriage, a divorce shall be granted:

1. Upon motion of a spouse when either spouse has filed a petition for divorce and upon proof that one hundred eighty days have elapsed from the service of the petition, or from the execution of written waiver of the service, and that the spouses have lived separate and apart continuously for at least one hundred eighty days prior to the filing of the rule to show cause (The motion shall be a rule to show cause filed after all such delays have elapsed), or;

2. On the petition of a spouse upon proof that:

a. The spouses have been living separate and apart continuously for a period of six months or more on the date the petition is filed;

b. The other spouse has committed adultery; or

c. The other spouse has committed a felony and has been sentenced to death or imprisonment at hard labor. CC Art. 102-103.

Residency requirements/Where to file
Louisiana law requires that the one or both of the parties must have been a resident of the State. For purposes of divorce proceedings, if a spouse has established and maintained a residence in a parish of the State of Louisiana for a period of six months, there shall be a rebuttable presumption that he has a domicile in this state in the parish of such residence. La. CCP Art. 10

Waiting period

Separation agreements

Legal separation

Mediation requirements

Alimony/support

Distribution of property

Child custody

Child support

Name change

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