Divorce in Louisiana
Louisiana is a community property state where marital assets are generally divided equally. The state allows no-fault divorce after a separation period of 180 days (or 365 days if there are minor children). Louisiana also offers covenant marriage, which has stricter divorce requirements.
Quick Facts
Residency Requirement
Domiciled in Louisiana at filing
Waiting Period
180 days separation (365 with children)
Filing Fee (approximate, varies by county)
$200-$400
Property Division
community property
Grounds for Divorce
- Living separate and apart for 180 days
- Adultery
- Felony conviction
- Abuse
Key Facts
- Louisiana is a community property state dividing assets equally
- Separation periods vary: 180 days without children, 365 days with children
- Louisiana offers covenant marriage with stricter divorce requirements
- Fault-based grounds can shorten the separation requirement
- Louisiana civil law is based on the Napoleonic Code, unlike most US states
Child Custody
Louisiana courts determine custody based on the best interests of the child. The court considers the love and affection between the child and each parent, the capacity of each parent to provide for the child, and the moral fitness of each party. Joint custody is preferred.
Alimony / Spousal Support
Louisiana courts may award interim spousal support during the divorce proceedings and final spousal support after the divorce. Final support is available to a spouse who was not at fault before the petition was filed, is generally capped at one-third of the paying spouse's net income (the cap can be exceeded in domestic abuse cases), and its duration depends on factors that include the length of the marriage.
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FAQs
Common questions about divorce in Louisiana
A covenant marriage is an optional form of marriage in Louisiana that requires pre-marital counseling and limits the grounds for divorce. Couples in a covenant marriage must prove fault grounds (like adultery or abuse) or live separately for a longer period (typically 1-2 years) before divorcing.
For a no-fault divorce in Louisiana, you must live separately for at least 180 days if you have no minor children, or 365 days if you have minor children. Filing on fault grounds such as adultery may allow a faster divorce without a separation period.