Grounds for Divorce in Louisiana: No-Fault, Fault and Separation Requirements

By the FigureMyTax Editorial Team · How we calculate

Louisiana allows a no-fault divorce after 180 or 365 days of living apart and keeps fault-type grounds that allow an immediate divorce. Fault matters to final periodic support but not to the equal-value partition of the community.

What are the grounds for divorce in Louisiana?

Louisiana gives a no-fault divorce after the spouses live separate and apart for the requisite time, and Article 103 also lists fault-type grounds that allow an immediate divorce, including adultery by the other spouse and the other spouse’s sentence to death or imprisonment at hard labor for a felony (Law Library of Louisiana).

Is Louisiana a no-fault state?

Largely. The no-fault route is the common one, but fault grounds remain and fault matters to support, so Louisiana is not a pure no-fault state.

Is there a separation requirement in Louisiana?

Yes for the no-fault route: 180 days, or 365 with minor children (art. 103.1). Use the Louisiana divorce timeline calculator to see the dates.

Does fault matter to support in Louisiana?

Yes. Final periodic support is available to a spouse who has not been at fault before the filing of the petition and who is in need, based on the needs of that party and the ability of the other to pay. A spouse who gets a divorce on a fault-type ground under Article 103(2), (3), (4) or (5), or who shows domestic abuse, is presumed entitled to it, and the award is capped at one-third of the obligor’s net income except in the abuse and certain fault cases (art. 112). See the Louisiana alimony calculator.

Does fault matter to property in Louisiana?

The community is divided so that each spouse receives property of equal net value, considering the nature and source of the asset, the economic condition of each spouse and other relevant circumstances (R.S. 9:2801). Fault is not a division factor in that statute. See the Louisiana property division calculator.

Does fault matter to the children in Louisiana?

Custody is decided on the child’s best interest. Domestic abuse also bears on support, since it is a factor in final support under Article 112. See the Louisiana parenting time calculator.

Can a spouse get a divorce if the other objects in Louisiana?

Under Article 102 the divorce is granted when the requisite time has elapsed from service and the spouses have lived apart for it, and the matter is then decided on the rule to show cause (art. 102).

Does domestic abuse change the waiting time in Louisiana?

The Law Library of Louisiana notes that the waiting period is 180 days where there is physical or sexual abuse, even with minor children (Law Library of Louisiana), and the final support article treats domestic abuse as a factor and creates a presumption of entitlement to final support (art. 112).

Do the grounds change the timeline in Louisiana?

Yes. A fault-type ground under Article 103 has no waiting period, while the no-fault route needs the separation time.

Frequently asked questions

Official sources

• Louisiana Civil Code art. 102: judgment of divorce; living apart prior to rule
• Louisiana Civil Code art. 103.1: judgment of divorce; time periods
• Law Library of Louisiana: divorce, what you need to know
• Louisiana Civil Code art. 2356: causes of termination of the community
• La. R.S. 9:2801: partition of community property
• La. R.S. 9:335: joint custody decree and implementation order
• Louisiana Civil Code art. 112: final periodic support

This is general information, not legal advice. It is based on the cited Louisiana statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Louisiana attorney.