Divorce in Louisiana

Louisiana is nicknamed the Sugar State, but you might have to familiarize yourself with Louisiana divorce laws if your marriage has already gone sour.

Filing for divorce in Louisiana requires one or both parties to have been domiciled in the state at the time of filing, or must be a resident for at least one year before filing.1

Louisiana is both a no-fault and fault divorce state. A judge can grant a no-fault divorce if the both of you have lived separate and apart continuously for at least 180 days if the two of you don’t have children under 18 years and 365 days if the two of you have children under 18 years.2 Fault-based grounds include adultery, felony with a death sentence or imprisonment, presence of criminal or protective order, and a physically or sexually abusive partner.3

Louisiana is a community property state, and only property acquired during the marriage is subject to divorce following divorce. Marital property is distributed equally (50/50) under Louisiana divorce laws. A judge will consider contributions to a partner’s education as well as economic misconduct.4

1LA Code Civ Pro 10(A)(7)

2LA Code Civ Pro 103(1); 103.1

3LA Code Civ Pro 103

4LA. Rev. Stat. Ann. § 9:2801LA