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Louisiana
Louisiana Information
Under Louisiana law, a divorce may be based on the “fault” of one of the parties, or on the spouses living apart for a required period of time. The second reason is sometimes called a “no fault” divorce.
The four specific grounds for divorce in Louisiana (including no fault) are:
- Civil Code Article 102 which states basically that if one of the spouses moves out of the home, files a suit for divorce and serves the other party with a suit that simply states after 180 days has lapsed from the date you are served I will be asking the Court for a Judgment of Divorce. This is the most simple and most common ground used to date as a basis for divorce.
- Civil Code Article 103(1) states that if the parties, prior to the filing of the divorce, has already lived separate and apart without reconciliation, either spouse may petition the court for a Judgment of Divorce based simply on those grounds.
- Civil Code Article 103(2) states as a grounds for divorce that should one spouse commit adultery, the other spouse may file suit, allege and prove same in order to obtain a divorce decree.
- Civil Code Article 103(3) states as a grounds for divorce that should the other spouse have been convicted of a felony and sentenced to imprisonment at hard labor the other spouse shall be entitled to a divorce based on said grounds.
In order to file a petition for divorce in Louisiana, a person must be domiciled in Louisiana. If you have resided here for six (6) months immediately prior to filing your action, you are presumed to be domiciled herein, although, depending upon the facts a shorter time period may suffice. This prevents people who reside out of state from coming to Louisiana for the purpose of using the courts for the termination of their marriages. It allows the Court with the greatest interest in the family to hear the case.
If a divorce is based upon living separate and apart for a prerequisite period of time, it may be necessary to bring a person or persons who know the couple and can verify that they have not lived together.
