The Legal Requirements for Divorce in Louisiana

Divorce is never easy—emotionally or legally. If you’re considering filing for divorce in Louisiana, understanding the requirements and legal steps is crucial. Louisiana divorce laws include specific rules about residency, waiting periods, and grounds for divorce. This guide outlines everything you need to know, and why hiring a qualified divorce attorney in Louisiana can make the process smoother and more manageable.

Residency Requirements to File for Divorce in Louisiana

Before you can file for divorce, you must meet the state’s residency rules. Louisiana law requires that at least one spouse be domiciled in the state for a minimum of six months prior to filing. Domicile means more than just living in the state—it means that Louisiana is your permanent home.

Additionally, you must reside in the parish where you plan to file for divorce for at least 90 days. If you attempt to file before meeting this requirement, your case may be dismissed by the court.

No-Fault vs. At-Fault Divorce in Louisiana

Louisiana offers both no-fault and at-fault divorce options. Understanding the difference between the two can help you decide how to proceed.

What is a No-Fault Divorce?

A no-fault divorce means that neither party has to prove wrongdoing to end the marriage. Instead, you must show that you and your spouse have lived “separate and apart” without reconciliation for a specific period:

• 180 days (6 months) if there are no minor children from the marriage
• 365 days (1 year) if there are minor children involved

This separation must involve living in different residences, not just sleeping in separate bedrooms. The goal is to show that the marital relationship has truly ended.

What is an At-Fault Divorce?

An at-fault divorce, on the other hand, requires that you prove your spouse was responsible for the breakdown of the marriage. The acceptable legal grounds in Louisiana include:

• Adultery
• Physical or sexual abuse
• Felony conviction and imprisonment

There is no required waiting period for filing an at-fault divorce, which may speed up the process in urgent situations. However, be prepared: your spouse can dispute your claims, which may prolong the proceedings and require additional evidence or court hearings.

Contested vs. Uncontested Divorce

The complexity of your divorce will also depend on whether it is contested or uncontested.

Uncontested Divorce

An uncontested divorce occurs when both spouses agree on all aspects of the divorce, including:

• Division of property and debts
• Spousal support (alimony)
• Child custody and visitation
• Child support payments

This type of divorce tends to be faster, less expensive, and far less stressful. The court will simply review and approve your agreement to ensure it meets Louisiana legal standards.

Contested Divorce

In a contested divorce, the spouses disagree on one or more issues. This often leads to:

• Court appearances
• Mediation or negotiation
• Longer timelines and higher costs

When disputes arise—especially regarding custody or financial matters—a divorce attorney becomes essential. Your attorney can represent your interests, negotiate with your spouse’s attorney, and ensure your rights are protected throughout the process.

Why You Should Hire a Divorce Attorney in Louisiana

Even if you believe your divorce will be simple, the legal process can quickly become overwhelming. Hiring a divorce attorney in Louisiana provides several advantages:

• Legal expertise: They understand Louisiana’s unique civil law system and procedural rules.
• Objective guidance: Divorce is emotional; a lawyer provides clear-headed counsel during difficult times.
• Protecting your rights: Whether it’s custody, finances, or property, your attorney ensures you receive fair treatment.
• Efficient process: An experienced attorney can help you avoid delays and procedural errors.

At Hudson, Potts & Bernstein, L.L.P., our divorce attorneys are dedicated to supporting clients through every stage of the process. We know how emotional and stressful divorce can be, and we’re here to help you navigate your next steps with compassion and skill.

Frequently Asked Questions

How long does a divorce take in Louisiana?

The timeline varies depending on the type of divorce. A no-fault uncontested divorce can take a few months once the separation period has passed. Contested or at-fault divorces may take significantly longer due to disputes and court scheduling.

Can I file for divorce without an attorney?

While it’s legally possible to file for divorce without an attorney, it’s not recommended—especially if children, property, or significant assets are involved. A divorce attorney can prevent costly mistakes and help achieve a more favorable outcome.

Will I have to go to court?

If your divorce is uncontested and all paperwork is correct, you may not have to attend court. However, in contested divorces or those involving disputes, court appearances are more likely.

Take the Next Step Toward a New Beginning

If you’re facing the end of a marriage, don’t go through it alone. A knowledgeable divorce attorney can make all the difference in ensuring your rights are protected and your transition is as smooth as possible.

The team at Hudson, Potts & Bernstein, L.L.P. is here to support you with clarity, compassion, and experience. Contact us today to schedule a consultation and take the first step toward your new beginning.

Attorneys focused on Family Law at Hudson, Potts & Bernstein, L.L.P:

Rebekah Bunch