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.