You may have heard that Louisiana is a no-fault divorce state. That means that you do not have to blame your spouse for a reason that the marriage is ending. Usually, this means that you don’t need to have a legal reason for ending the marriage, you only need to say that there are irreconcilable differences between you and your spouse. Many couples choose this “no-fault” route because it doesn’t involve publicly discussing personal information about the marriage and because proceedings are usually much faster and simpler.
What Do You Need to Prove?
Louisiana couples desiring a divorce don’t have to prove that either party was at fault for the end of the marriage, but there still are a few requirements for ending the marriage.
- Living Separately: According to DivorceNet, couples who wish to divorce in Louisiana must demonstrate to the court that they have lived separate continuously for at least six months if there are no children of the marriage. If there are minor children, couples must live apart for one year before a judge will grant the divorce.
- Intention to End the Marriage: During the separation, one spouse must intend to end the marriage. In other words, if you spent time apart to work on your marriage, you can’t use that separation to meet the divorce requirements.
- Residency: Like most states, Louisiana has a residency requirement that you must meet before you can file for divorce. Couples must show that at least one spouse has lived in the state for a minimum of 12 months before filing a request for divorce.
What if there is a fault? Will it impact the divorce proceedings?
While Louisiana allows for couples to divorce without evidence of fault, if there is a proven fault involved, it will significantly change the divorce agreements. For example, if one spouse has committed abuse, adultery, abandonment, or a legal felony, it might impact that spouse’s ability to gain child custody. Faults like this might also require the accused to pay more in alimony or child support.
Additionally, DivorceNet says that if you can’t meet the requirements for a no-fault divorce, Louisiana still allows you to allege specific grounds for an at-fault divorce according to your spouse’s conduct.
LegalZoom notes that at-fault divorces are more complicated than no-fault divorces, and the spouse that alleges fault must prove to the court that the conduct happened by providing supporting evidence.
No matter how complicated your divorce case is, we’re here to help. Whether you have questions about how to proceed with your divorce case or are looking to solidify details in the dissolution of your marriage, we are available with insight and compassion! Let us know how we can help! Call us at 225-343-2205 or feel free to send us a message online.
3960 Government St.
Baton Rouge, LA 70806