Divorce in Louisiana

Overview of Divorce in Louisiana

Louisiana is one of nine community property states in the United States, and its divorce laws reflect the civil law tradition rooted in French and Spanish legal codes. Under La. C.C. art. 103, a spouse may obtain a divorce after living separate and apart from the other spouse for a specified period, which varies depending on whether the couple has minor children. Louisiana does not require either party to prove fault, though fault-based options exist and can affect the outcome of related issues such as spousal support.

Louisiana’s legal framework differs meaningfully from common law states, and understanding these differences is critical for anyone navigating divorce here. For a general overview of divorce in the United States, see our complete guide to divorce.

Residency Requirements

To file for divorce in Louisiana, at least one spouse must be domiciled in the state. Louisiana uses the concept of domicile rather than a fixed durational residency requirement. Domicile means a person’s permanent home, the place where they intend to remain. The petition is filed in the parish where either spouse is domiciled or in the parish of the last matrimonial domicile. There is no minimum number of days required, but the filing spouse must demonstrate genuine Louisiana domicile.

Grounds for Divorce

Louisiana law provides several paths to divorce under La. C.C. art. 103 and art. 103.1:

• Living separate and apart for 180 days after the date the petition is filed or served (for couples without minor children).
• Living separate and apart for 365 days after the date the petition is filed or served (for couples with minor children).
• Adultery: Immediate divorce is available if one spouse has committed adultery.
• Felony conviction: A divorce may be granted if one spouse has been convicted of a felony and sentenced to death or imprisonment at hard labor.
• Abuse: Under La. C.C. art. 103(4) and (5), divorce may be granted immediately if one spouse has committed domestic abuse or if a protective order has been issued against one spouse.

The most common path is the no-fault option, where one spouse files the petition and the parties live separately for the required period before the divorce is granted.

Filing Fees and Costs

Filing fees for a divorce in Louisiana vary by parish and typically range from $200 to $400. Parishes set their own fee schedules, so the exact cost depends on where you file. Additional costs may include service of process fees, the cost of publishing a notice if the other spouse cannot be located, and fees for certified copies of the judgment. Attorney fees vary widely. To estimate your costs, try our divorce cost calculator.

Waiting Period

Louisiana’s waiting period is built into the grounds for divorce. For couples without minor children, the parties must live separate and apart for 180 days. For couples with minor children, the separation period is 365 days. This period begins running on the date the petition is filed or the date the spouses began living apart, depending on the circumstances.

In fault-based cases, such as those involving adultery or abuse, there is no required separation period, and the divorce can be granted more quickly once the grounds are proven.

Property Division

Louisiana is a community property state, and its property division rules are among the most distinctive in the country. Under La. C.C. art. 2338, community property includes all assets and obligations acquired during the marriage that are not classified as separate property. Each spouse owns an undivided one-half interest in all community property.

Upon divorce, community property is divided equally unless the spouses agree otherwise. The court does not have discretion to divide community property unequally based on factors like fault or need, which distinguishes Louisiana from equitable distribution states. The key issues in Louisiana property division are:

• Classification: Determining whether an asset is community or separate property. Separate property includes assets owned before the marriage, gifts and inheritances received by one spouse, and damages awarded for personal injuries (except for lost wages).
• Valuation: Establishing the fair market value of community assets and obligations.
• Partition: Dividing the community property, either by agreement or through a judicial partition proceeding.

If the spouses cannot agree on how to divide community property, either party may file a petition for partition. The court will then oversee an equal division of the community.

Alimony (Spousal Support)

Louisiana provides for two types of spousal support:

• Interim spousal support: Available during the divorce process, from the date the petition is filed until a final judgment is rendered. Under La. C.C. art. 113, interim support is based on the needs of the requesting spouse and the other spouse’s ability to pay, considering the standard of living during the marriage.
• Final periodic support: Available after the divorce is granted, under La. C.C. art. 112. Final support is awarded only if the requesting spouse demonstrates that they are in need and that the other spouse has the ability to pay. The court considers factors including the income and means of each spouse, the liquidity of assets, the earning capacity of each spouse, the duration of the marriage, the age and health of each party, and the effect of child custody on earning capacity. Notably, a spouse who was at fault in causing the divorce (for example, through adultery) may be barred from receiving final periodic support.

Final periodic support is limited in duration. It cannot exceed one-third of the length of the marriage, measured from the date of the marriage to the date the petition for divorce was filed.

The Divorce Process

The Louisiana divorce process generally follows these steps:

1. Filing the petition. One spouse files a Petition for Divorce in the appropriate parish court.
2. Serving the other spouse. The respondent must be served with the petition. If the respondent cannot be located, service by publication may be used.
3. Separation period. The parties live separate and apart for the required period (180 or 365 days).
4. Rule to show cause. After the separation period has elapsed, the filing spouse files a Rule to Show Cause, requesting the court to grant the divorce.
5. Hearing. A brief hearing is held. If the separation requirements are met and no valid objection is raised, the court grants the divorce.
6. Community property partition. Property division is handled separately, either by agreement or through a partition proceeding. This can occur before, during, or after the divorce itself.
7. Judgment of divorce. The court renders a final judgment of divorce.

Uncontested Louisiana divorces where the separation period has already elapsed can be finalized relatively quickly after the rule to show cause is filed. Contested cases, particularly those involving property partition disputes, can take significantly longer.

When to Consult an Attorney

Louisiana’s civil law tradition and community property rules create a legal environment that differs substantially from most other states. The equal division requirement, the distinction between interim and final spousal support, and the separate proceeding for community property partition all present complexities that benefit from professional guidance.

If your case involves significant community assets, business interests, disputes about the classification of property, or concerns about spousal support eligibility, consulting with a Louisiana family law attorney is strongly recommended. To get started, schedule a free consultation to discuss your situation.