Understanding Louisiana’s Grounds for Divorce

Understanding Louisiana’s Grounds for Divorce

When navigating the complexities of divorce in Louisiana, it is crucial to understand the specific grounds for divorce that the state recognizes. Louisiana law offers both fault-based and no-fault grounds, allowing individuals to choose the best option for their unique situations.

No-Fault Divorce
In Louisiana, the most common ground for divorce is no-fault. Under this provision, a spouse can file for divorce if they have been living separate and apart for a specified period. The required time frame is:

  • 180 days if the couple has no children
  • 365 days if the couple has minor children

During this separation period, spouses must maintain their separate households and refrain from living together. After the allotted time has passed, one spouse can file for divorce without needing to provide a reason.

Fault-Based Divorce
Aside from no-fault grounds, Louisiana recognizes several fault-based grounds for divorce. If one spouse can prove the other’s misconduct, they may be able to obtain a divorce sooner. The fault-based grounds include:

  • Adultery: Engaging in sexual relations outside of the marriage.
  • Conviction of a Felony: If one spouse is convicted and sentenced to hard labor or imprisonment for a crime.
  • Abandonment: Physically leaving the marital home without the intention of returning.
  • Domestic Violence: Engaging in physical or emotional abuse towards the other spouse.
  • Habitual Intemperance: A pattern of excessive drinking or drug use that affects the relationship.
  • Sexual Misconduct: Any sexual behavior deemed inappropriate that can harm the marital bond.

To proceed with a fault-based divorce, the accusing spouse must provide sufficient proof of the alleged misconduct. This process can require more time and emotional strain, but it may yield a quicker divorce if successful.

Legal Procedures and Considerations
The process of filing for divorce in Louisiana includes submitting a Petition for Divorce to the court and serving the other spouse with notice. Whether pursuing a no-fault or fault-based divorce, seeking legal counsel from an experienced divorce attorney is beneficial. They can help navigate the complexities of Louisiana family law, protect your rights, and assist in negotiating settlements, especially regarding child custody, support, and property division.

Understanding Louisiana’s grounds for divorce empowers you to make informed decisions during this challenging time. Evaluating your circumstances, whether opting for a no-fault or fault-based divorce, will help set the stage for the next chapter of your life.

Ultimately, prioritizing your well-being and that of any children involved should guide your approach as you move forward.