Skip to main content

How Long Does it Take to Get a Divorce in Louisiana?

Authored By: Lagniappe Law Lab

Fault and Immediate Divorce

The law considers fault-based divorces to be "immediate" divorces. In real life, a spouse may get a fault-based divorce more quickly than a no-fault divorce. 

Time Required to Get a No-Fault Divorce in Louisiana

In a no-fault divorce, the spouses do not have to give any reason that the marriage did not work out. A no-fault divorce is granted after the spouses have lived separate and apart for the required time to get a divorce. The required amount of time depends on whether the spouses have children or do not have children.

To obtain a no-fault divorce in Louisiana, spouses must live separate and apart, with the intention of ending their marriage, for a period of either 180 days or 365 days, depending on the circumstances of the marriage.

Spouses must live separate and apart for a period of 180 days when:

(1) No children were born or adopted during the marriage, or

(2) Any children born or adopted during the marriage have reached 18 years of age.

Spouses must live separate and apart for a period of 365 days when: 

Children born or adopted during the marriage have not reached 18 years of age. A child conceived or born during the marriage of his parents or adopted by them is a "child of the marriage". If a spouse becomes pregnant (conceives) during the marriage, then the child is of the marriage.

A child born outside of marriage is a child conceived and born outside of the marriage of his parents.

When Can A Spouse File for a Divorce?

A divorce can be filed either before the spouses have lived separate and apart for the full period of time or after the spouses have lived separate and apart for the required period of time.

If the divorce is filed before the spouses have lived separate and apart for the full period of time, it is called an article 102 divorce. For an article 102 divorce, any children must reach the age of 18 before the rule to show cause is filed, or the 365 day time period will apply.

If a divorce is filed after the spouses have lived separate and apart for at least the required period of time, you may hear it called an article 103 divorce. For an article 103 divorce, the children must reach the age of 18 before the petition for divorce is filed.

Last Review and Update: Oct 29, 2021
Back to top