Louisiana is a “no-fault” state. Typically, divorce is obtained based on the time the parties have been separated. Where the parties do not have minor children, the required period is 180 days (6 months). If they do have minor children, the law requires 365 days (1 year). Read here for issues concerning Child Custody.
When and how the time period begins is determined by exactly how one seeks a divorce. For example, it’s possible to wait until the parties have lived separate and apart for the required time period and then file the divorce. However, that is not the only option (nor is it the most common). It is also possible to file for divorce and then begin the separation, and the procedure for the two methods are not identical.
Chosen Method can have Implications
Further, the method chosen can have implications on other issues, such as community property, or even spousal support.
Does this mean divorce can’t be obtained on, fault grounds? No, there remain some circumstances where a divorce can be obtained for certain reasons. Adultery, for example, remains a grounds for divorce. One can obtain a divorce on the grounds of adultery regardless of the length of separation.
Rules and Requirements
In any case, there are various rules and requirements that are involved, and different actions (and, for that matter, non-actions) have consequences. As always, the best recommendation is to seek legal advice from a divorce lawyer.
Board Certified Family Law Specialist and divorce attorney D. Reardon Stanford are able to assist you with legal advice on divorce in Louisiana. Contact us to schedule your consultation.