Louisiana Divorce Process And Types

At least one spouse must have been a resident of Louisiana for at least six months prior to filing for divorce. 

File a Petition for 102 Divorce in the parish where one of the spouses lives. This document outlines your intent to divorce and provides the court with basic information about your marriage. 

You can use the form for divorce for spouses who have not yet lived separate & apart (or Art. 102 Divorce): 

1. Spouses have minor children (Fillable Form)
2. Spouses do not have minor children (Fillable Form)

The fees associated with filing a divorce petition vary by parish. It's advisable to inquire with the local clerk of court about the specific costs in the relevant parish. 

After the Petition for Divorce has been filed it must be properly served to the other spouse. This can be done by a sheriff's deputy, private process server, or sometimes by certified mail. Once served, the other spouse has a limited amount of time to respond. 

Once the petition is filed and served to the other spouse, there's a waiting period that must be observed before the divorce can be finalized. For couples living without children, the waiting period is 180 days. For couples with children, it's 365 days. 

After the waiting period, if all requirements are met and there are no other complications you can request the court to issue a Judgment of Divorce. This document legally ends your marriage. 

Just like with a 102 divorce, at least one spouse must have been a resident of Louisiana for a minimum of six months prior to filing. 

Before filing under Article 103(1), the spouses must already live separate and apart without reconciliation for a specified duration. If the couple has no minor children, the duration is 180 days. If they have minor children, the period extends to 365 days. 

The filing spouse submits a Petition for Divorce under Article 103 in the parish where one of the spouses resides. The document signifies the intention to divorce, offering details about the marriage. 

You can use the form for divorce for spouses who have already lived separate & apart (Guided Form) (or Art. 103 Divorce):

1. Spouses have minor children (Fillable Form)                   
2. Spouses do not have minor children (Fillable Form) 

The fees associated with filing a divorce petition vary by parish. It's advisable to inquire with the local clerk of court about the specific costs in the relevant parish. 

Once the petition is filed, it must officially get served to the other spouse, typically through a sheriff's deputy, a private process server, or sometimes via certified mail. The served spouse then has a specific time to respond. 

Since the couple has already satisfied the living separate and apart requirement by the time of filing the divorce can be finalized relatively quickly after the other party is served and the delays required by law are satisfied. 

A spouse can file for a fault-based divorce with some of the recognized grounds for divorce being, adultery or conviction of a felony and the subsequent sentencing to death or imprisonment at hard labor. 

The spouse seeking a fault-based divorce must be able to prove fault. For instance: 

• In cases of adultery, concrete evidence might be required. This can sometimes be challenging, as circumstantial evidence may not be enough.
• For felony convictions, official court records can serve as proof.

Opting for a fault-based divorce can potentially impact various aspects of the divorce settlement, such as:

• Alimony/Spousal Support: A spouse found at fault might not be entitled to receive spousal support. Conversely, the innocent spouse might have a stronger claim to receive support.
• Child Custody: The court's primary concern is the best interests of the child. If one spouse's fault can be proven to potentially harm the child, it might impact custody decisions.
• Property Division: While Louisiana is a community property state and marital assets are typically divided equally, marital misconduct might play a role in some circumstances.

Louisiana does not recognize common law marriages that are entered into within its borders. However, Louisiana will recognize a common law marriage that was validly entered into in another state that does recognize such unions. 

If you entered into a common law marriage in a state that recognizes it and you now reside in Louisiana, here's what you should do if you want to get divorced:

1. Determine Validity of the Common Law Marriage: First and foremost, make sure your common law marriage is valid according to the state where it was established. Each state that recognizes common law marriages has its own requirements. Generally, those requirements might include:
   1. Co-habitation for a specific period.
   2. Holding yourselves out as a married couple (e.g., sharing a last name, filing joint tax returns).
   3. Having an intent to be married.
2. If you determine that your common law marriage is valid and you wish to divorce, you'll need to file for divorce in the appropriate Louisiana parish where you or your spouse reside. Even though the marriage was common law, the divorce process will be similar to any other divorce in Louisiana.

Louisiana is a "community property" state, which means that property acquired during the marriage is generally considered to be owned equally by both spouses. When a couple gets divorced in Louisiana, the court will divide their community property in a way that is "fair and equitable," but not necessarily equal. This means that the court will consider a number of factors when deciding how to divide the property, including:

• The length of the marriage
• The needs of each spouse
• The earning capacity of each spouse
• The contributions of each spouse to the acquisition of the property
• The value of the property

It is important to note that separate property, which is property that was owned by one spouse before the marriage or was acquired by one spouse during the marriage by gift or inheritance, is not subject to division in a Louisiana divorce. However, it can be difficult to determine what property is separate and what is community, so it is important to have an experienced family law attorney to help you with this process.

Spousal support (also known as alimony) is a payment made by one spouse to the other to help support them after a divorce. In Louisiana, spousal support can be awarded to either spouse, but it is not automatic. The court will consider a number of factors when deciding whether to award spousal support, including:

• The income and earning capacity of each spouse
• The financial needs of each spouse
• The standard of living during the marriage
• The length of the marriage
• The age and health of each spouse
• The contributions of each spouse to the marriage

If the court decides to award spousal support, it will also determine the amount and duration of the payments. Spousal support can be temporary or permanent, depending on the circumstances of the case.

It is important to have an experienced family law attorney to represent you in court and help you navigate the spousal support process.

Child custody in Louisiana is determined based on the best interests of the child. The court will consider several factors when making a custody determination, including: 

• The relationship between each parent and the child 

• The ability of each parent to provide for the child's physical, emotional, and developmental needs. 

• The child's age, health, and any special needs 

• The stability of each parent's home environment 

• The child's preference, if the child is old enough to express a preference 

There are two types of custody in Louisiana: legal custody and physical custody. Legal custody refers to the right to make important decisions about the child's upbringing, such as decisions about education, healthcare, and religion. Physical custody refers to where the child will live. Custody can be awarded solely to one parent (sole custody) or shared between both parents (joint custody). It is important to note that Louisiana law encourages both parents to have frequent and continuing contact with their child unless it is not in the best interests of the child.

If you are going through a divorce and have concerns about child custody, it is important to have an experienced family law attorney to represent you in court and help you navigate the custody process.

When you initiate the divorce process by filing a petition with the appropriate Louisiana court, you can include a name change request in your divorce petition or as a separate motion.

You will need to specify your desired name in the documents. If the judge approves your name change request they will issue a court order granting the name change as part of the divorce decree. For more information, see Getting A Name Change. 

Once you have your court order for your name change, you can use it to update your identification documents such as your driver's license, Social Security card, and passport. It would help if you informed relevant institutions, such as banks, employers, and schools, of your new name.