Divorce in Louisiana involves some of the most distinctive legal procedures in the country. Whether you're filing in Baton Rouge, New Orleans, or a rural parish, it's important to understand the unique rules that apply. This guide walks through the process from separation to final decree under Louisiana's civil law system.
Residency Requirements
To file for divorce in Louisiana, one or both spouses must have lived in the state for at least 180 days before filing. The case is typically filed in the parish where either spouse resides. Residency rules establish jurisdiction and must be met before your case can proceed.
Grounds for Divorce
Louisiana recognizes both no-fault and fault-based divorce. The most common no-fault option requires spouses to live separate and apart for either 180 days (no minor children) or 365 days (with children). Fault-based grounds include adultery, felony conviction, and physical or sexual abuse.
"Louisiana law requires most couples to live separately for up to a full year before a divorce can be finalized — one of the longest separation periods in the U.S."
The Civil Law System
Unlike every other U.S. state, Louisiana follows a civil code system derived from French and Spanish legal traditions. This affects how laws are written, interpreted, and enforced. While most divorce steps mirror those in other states, legal terminology and court procedures may differ slightly.
"Because Louisiana follows a civil law tradition, legal documents and court rulings may use terminology unfamiliar to residents from other states."
Filing and Serving the Petition
The divorce process starts with one spouse filing a Petition for Divorce in the appropriate parish court. The other spouse must be formally served with the petition and accompanying documents. Service can be accomplished by sheriff, process server, or certified mail.
Temporary Orders
During the separation period, either spouse may request temporary orders to address urgent matters such as child custody, child support, spousal support, or use of the marital home. These orders remain in effect until a final judgment is issued or the court modifies them.
Financial Disclosures
While not always mandatory in uncontested cases, full financial disclosure is highly recommended. This includes income records, debts, property documentation, and monthly expenses. Transparency helps ensure fair outcomes during property division and support determinations.
Community Property Division
Louisiana is a community property state, meaning all assets and debts acquired during the marriage are considered jointly owned and must be split equally. This rule applies regardless of who earned the income or whose name is on the title, unless a valid prenuptial agreement exists.
Child Custody and Support
Custody decisions are made in the best interests of the child. Courts often favor joint custody unless one parent is unfit. Child support is calculated based on both parents' incomes, number of children, and additional expenses such as healthcare or education.
Spousal Support (Alimony)
Spousal support may be awarded temporarily or permanently. The court considers factors such as the recipient's need, the paying spouse's ability, duration of the marriage, and any fault that contributed to the divorce.
Finalizing the Divorce
After the separation period and resolution of all issues, the court issues a Judgment of Divorce. This document officially ends the marriage. In some cases, a hearing may be required, especially if the divorce is contested or involves children or property disputes.
Key Takeaways
- Must live in Louisiana for at least 180 days before filing
- Mandatory separation: 180–365 days depending on children
- Uses a civil law system unique to Louisiana
- Community property is divided 50/50 unless agreed otherwise
- Temporary orders can address support and custody during separation
Because of Louisiana's unique legal framework, it's often wise to consult a family law attorney familiar with the state's civil code. Being prepared with the right forms, disclosures, and timelines will help ensure a smoother divorce process.
If you're unsure about your rights or next steps, consult a local attorney or legal aid service. You can also download Louisiana divorce papers or browse Louisiana divorce lawyers to get the help you need.