The Different Types of Divorce in Louisiana

By Mary Jane Freeman

Choosing to divorce your spouse is never an easy decision. But knowing how to navigate the process will help ease stress and make the transition from married to single life more manageable. In Louisiana, you have the option of filing for divorce on either no-fault or fault grounds. You may seek a divorce in the state if either you or your spouse have been living there for at least six months. If you entered into a covenant marriage in Louisiana, a few additional steps may be required to complete your divorce.

Choosing to divorce your spouse is never an easy decision. But knowing how to navigate the process will help ease stress and make the transition from married to single life more manageable. In Louisiana, you have the option of filing for divorce on either no-fault or fault grounds. You may seek a divorce in the state if either you or your spouse have been living there for at least six months. If you entered into a covenant marriage in Louisiana, a few additional steps may be required to complete your divorce.

Grounds for Divorce

Louisiana recognizes three grounds for divorce: living separate and apart, adultery or conviction of a felony. No-fault divorce in Louisiana falls under the category of living separate and apart. In this case, neither spouse is required to prove marital fault or wrongdoing on the part of the other to obtain a divorce. The parties simply must demonstrate that they have been living separate and apart for 180 days if there are no children of the marriage, or 365 days if there are children. The court may reduce the length requirement for living apart if there is evidence of abuse. If you don't file for divorce on no-fault grounds, the only other way to obtain a divorce in the state is to file under the fault grounds of adultery or felony conviction.

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Fault

If you've chosen to file a fault-based divorce, you must prove that your spouse has either committed adultery or has been convicted of a felony and sentenced to death or imprisonment with hard labor. There is no waiting period with fault-based divorce. Upon proving your cited grounds, divorce is immediate. In the case of adultery, the spouse alleging sexual misconduct has the burden of proving it. Louisiana requires corroborative testimony of the affair, evidence proving the other spouse cheated. In the case of a felony conviction, proof of the spouse's conviction and sentence is sufficient.

Covenant Marriage

Louisiana recognizes a special form of marriage known as a covenant marriage. In a covenant marriage, spouses agree to certain covenants, namely to participate in marital counseling if marital difficulties arise and to accept limited grounds for divorce it the marriage can't be saved. To end a covenant marriage, couples must first demonstrate an attempt to save the marriage by attending marital counseling. If counseling is unsuccessful, the couple may obtain a divorce only upon proving one of the following grounds: adultery, felony conviction, abandonment for one year, physical or sexual abuse, or the parties have lived separate and apart for two years or for one year from the date of official judgment of separation from bed and board.

Contested vs. Uncontested Divorce

Regardless of the type of marriage you have or which grounds for divorce you choose, the process of divorcing your spouse is greatly simplified when the divorce is uncontested. An uncontested divorce is one in which both spouses agree on key issues, such as property division, child custody and support, and alimony. When couples can't agree on these matters, the divorce is deemed contested. Typically, a divorce becomes final once all requirements have been met. For example, divorce is final at the end of the 180- or 365-day separation period in cases of no-fault divorce or immediately upon proving adultery or a felony conviction in a fault-based action. However, a divorce proceeding may extend past this time frame if the divorce is contested, becoming final only when all matters have been resolved by the court.

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Does Louisiana Require Separation Before Divorce?

References

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How to File for Divorce of a Covenant Marriage in Louisiana

In Louisiana, a "covenant marriage" is an alternative to an ordinary marriage. A covenant marriage is one in which the couple agrees, during times of marital difficulty, to take all reasonable steps necessary to preserve their marriage, including marital counseling, before seeking a divorce. Additionally, it eliminates most "no-fault" divorce options; therefore, a spouse who later wants a divorce must prove one of several grounds for divorce allowed under Louisiana's covenant marriage law. For these reasons, divorce after a covenant marriage is much more difficult and time-consuming than a typical no-fault divorce. However, Louisiana does not require marrying couples to enter into covenant marriages. It is their choice.

How to Get a Fast Divorce in Louisiana

Once you have made the decision to divorce your spouse, it's not unusual to want the process to end as soon as possible. Although it may be a challenge, getting a fast divorce in Louisiana is not impossible. The best way to do so is by filing for a no-fault divorce and working with your spouse to create a marital settlement agreement, in which all marital issues are resolved, such as division of property, child support and custody, and alimony. By doing so, you reduce the likelihood of delay and may get your divorce decree faster.

Grounds for Divorce on Mental Cruelty in Illinois

While marital discord is often mutual, sometimes one spouse bears the brunt of intentional and unreasonable mental and verbal abuse from the other spouse. In these cases, the Illinois courts allow for immediate divorce on the basis of fault, but this option is limited to cases where the victim spouse can prove the behavior was meant to cause harm and was unprovoked.

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