Louisiana
Louisiana Divorce Laws (2026): Grounds, Residency, and Process
Independently fact-checked against primary sources (last audited August 18, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 18, 2026. · 5 primary sources cited on this page. How we verify our legal content
To divorce in Louisiana, spouses must live separate and apart for 180 days (no minor children) or 365 days (minor children of the marriage) before the court will grant a final divorce judgment. Louisiana is one of nine community property states, and it is one of only three states that offer covenant marriage, which carries its own narrower divorce grounds.
Grounds for divorce in Louisiana
Louisiana offers both no-fault and fault-based routes to divorce, and the choice affects how long the process takes.
The no-fault route is based on living separate and apart for a continuous period before the court grants the divorce. Under Civil Code article 103.1, that period is 180 days when the couple has no minor children of the marriage, and 365 days (one full year) when they do. The separation does not need to be voluntary or agreed upon; one spouse may move out while the other contests the divorce, and the clock still runs. The separation must be continuous.
The fault grounds under Civil Code article 103 allow an immediate divorce (no waiting for the separation period) if one spouse can prove adultery, a felony conviction carrying a sentence of hard labor or death, or physical or sexual abuse. A protective order for abuse also supports an immediate divorce.
Fault grounds can be strategically important because they allow the divorce to proceed without waiting out the full separation period. Fault may also be relevant to claims for post-divorce spousal support (called "final periodic support" in Louisiana), where a spouse found at fault in the breakup may be denied support.
Residency requirement
Louisiana does not impose a specific minimum duration of residency before filing. You must be domiciled in Louisiana when you file the petition. Domicile means your permanent home, the place where you intend to remain.
A practical rule of thumb under Louisiana law: residing in a parish for six months creates a rebuttable presumption that you are domiciled there, though domicile can be established in a shorter period if you can show intent to remain permanently. You file in the District Court of the parish where you or your spouse is domiciled at the time of filing.
If you recently moved to Louisiana, you may need to wait until you can establish domicile before the court has jurisdiction. If your spouse remains domiciled in Louisiana, you may be able to file in their parish even if you have moved away.
Waiting period and separation
These two concepts work differently in Louisiana than in most other states, so it is important to understand the distinction.
Louisiana does not impose a separate post-filing cooling-off waiting period of the kind many states use (such as Texas's 60 days from filing or Colorado's 91 days). Instead, the separation period IS the primary delay in the process.
Under the article 102 filing method, a spouse files the petition first and then the 180-day (or 365-day) separation period runs after filing and service. Under article 103, both parties must already have been living apart for the required time before the petition is filed, and the court can act quickly once that threshold is proven. Either way, the practical result is that no-fault divorce in Louisiana cannot be completed faster than 180 days if there are no minor children, or one year if there are.
The separation requirement is a true requirement: the spouses must physically live in separate residences for the full period. Unlike Kentucky, for example, Louisiana does not allow the separation period to be satisfied by living under the same roof without sexual cohabitation. The separation must be actual.
How property is divided
Louisiana is one of nine community property states, making it fundamentally different from the majority of U.S. states, which use equitable distribution.
In a community property state, assets and debts acquired during the marriage are presumed to belong equally to both spouses, regardless of whose name is on the title or who earned the money. At divorce, that community property is generally divided equally (50/50). Louisiana's Civil Code articles 2336 through 2369 govern community property and its termination.
Separate property, by contrast, belongs to the individual spouse alone and is not divided at divorce. Louisiana treats as separate property: assets owned before the marriage, inheritances received by one spouse at any time, and gifts made to one spouse alone.
The community property regime terminates at divorce, but the spouses may also dissolve it voluntarily during the marriage through a matrimonial agreement. Once the community property regime is terminated, each spouse's share of the former community estate is liquidated and partitioned, either by agreement or by court proceeding.
Because community property rules can produce different results than equitable distribution depending on each spouse's separate assets and the composition of the marital estate, consulting a Louisiana family-law attorney is particularly important in complex cases involving businesses, real estate, retirement accounts, or separate property claims.
Alimony, custody, and child support
Louisiana divorce proceedings frequently address spousal support, child custody, and child support. Each area has its own statutory framework under the Civil Code and Title 9 of the Revised Statutes.
Louisiana distinguishes between interim periodic support (paid while the divorce is pending) and final periodic support (paid after the divorce is final). Final periodic support can be denied or reduced if the requesting spouse was at fault in causing the breakdown of the marriage. The amount is based on the requesting spouse's needs and the other spouse's ability to pay.
For a detailed breakdown of how Louisiana calculates and awards spousal support, see the Louisiana alimony laws page.
Child custody in Louisiana is governed by the best-interests standard under Civil Code art. 131. Louisiana courts favor joint custody arrangements and require a parenting plan as part of any custody decree. For more detail, see the Louisiana child custody laws page.
Child support follows Louisiana's Income Shares guidelines under R.S. 9:315 et seq. The guidelines combine both parents' adjusted gross incomes to calculate a basic support obligation, which is then apportioned between the parents according to their income shares. Estimate your payment with our Louisiana child support calculator.
How to file for divorce in Louisiana
The process differs depending on whether you use the article 102 (file-then-wait) or article 103 (wait-then-file) approach.
Under article 102, you file the petition for divorce in the District Court of your parish or your spouse's parish, then serve your spouse. The 180-day (or 365-day) separation period begins running. After the period expires, you file a rule to show cause why the final divorce should not be granted. The court then enters the final judgment.
Under article 103, you and your spouse must already have been living apart for the required time (180 or 365 days) before filing. You file the petition and the court can grant the final divorce at the initial hearing, without a second appearance, if the separation period is proven.
In either case, you will need to address community property partition (either by agreement through a partition agreement, or by a separate proceeding if you cannot agree), spousal support, and any child-related issues. Courts strongly prefer that parties resolve these issues by consent agreement rather than litigation.
Financial disclosure is required so the court and the parties can account for all community property and debts. Louisiana uses a detailed disclosure process for asset and income information in contested matters.
Once all issues are resolved and the separation period has run, the judge signs the final Judgment of Divorce. The marriage ends as of the date of that judgment.
This article is general legal information, not legal advice. Divorce law varies by state and depends on the specific facts of your marriage. For advice about your situation, consult a licensed family-law attorney in Louisiana.
Related pages: Divorce Laws by State (hub) | Louisiana Alimony Laws | Louisiana Child Custody Laws
More Louisiana Laws
Frequently Asked Questions
How long does it take to get a divorce in Louisiana?
At minimum, 180 days from the start of separation if you have no minor children of the marriage, or 365 days (one year) if you do. Fault-based divorces (adultery, felony conviction, abuse) can proceed without waiting for the separation period. Contested property or custody disputes add additional time.
How much does a divorce cost in Louisiana?
Filing fees vary by parish but typically range from around $150 to $300 at the District Court clerk's office. Attorney fees depend on how complicated and contested the case is. Community property cases with significant assets or business interests are often more expensive to resolve than straightforward cases.
Do I need a reason to divorce in Louisiana?
For a no-fault divorce, you do not need to prove any misconduct. You must simply live separate and apart for the required period (180 or 365 days). Louisiana also retains fault grounds (adultery, felony conviction, abuse) that can shorten the process if you can prove them.
Is Louisiana a community property state?
Yes. Louisiana is one of nine community property states. Assets and debts acquired during the marriage generally belong equally to both spouses and are divided 50/50 at divorce. Separate property (owned before marriage, inherited, or received as a gift to one spouse) is not divided.
How long do I have to be separated to get divorced in Louisiana?
180 days of continuous separation if you have no minor children of the marriage, or 365 days (one full year) if you do have minor children (Civil Code art. 103.1). The separation must be in physically separate residences; living under the same roof does not count.
Can I get divorced in Louisiana without my spouse agreeing?
Yes. After the required separation period (180 or 365 days), either spouse can file for and obtain a final divorce regardless of whether the other spouse consents. Fault grounds (adultery, felony, abuse) allow an even faster divorce without waiting for the separation period.
What is a covenant marriage and how does it affect divorce in Louisiana?
Covenant marriage is an optional form of marriage available in Louisiana (and also Arkansas and Arizona) that couples elect at the time of the wedding. It requires pre-marital counseling and commits the spouses to a more limited set of divorce grounds: adultery, felony with imprisonment, physical or sexual abuse, abandonment for 1 year, or living apart for 2 years. A standard no-fault separation alone does not qualify as a ground for dissolving a covenant marriage.
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Updates
Fixed three broken citation links on this page: the covenant-marriage divorce-grounds citation now points to R.S. 9:307 instead of an unrelated district-attorney statute, the separation-period citation now points to Civil Code art. 103.1 instead of art. 105, and we added a citation for Civil Code art. 102 (the article behind the page's file-then-wait description).
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Governing law re-checked for recent changes
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The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Louisiana Civil Code
§ 102Judgment of divorce; living separate and apart prior to ruleIn forcecited in 2 of our articles
Except in the case of a covenant marriage, a divorce shall be granted upon motion of a spouse when either spouse has filed a petition for divorce and upon proof that the requisite period of time, in accordance with Article 103.1, has elapsed from the service of the petition, or from the execution of written waiver of the service, and that the spouses have lived separate and apart continuously for at least the requisite period of time, in accordance with Article 103.1, prior to the filing of the rule to show cause. The motion shall be a rule to show cause filed after all such delays have elapsed.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legis.la.gov
Cross-referenced in the statute itself: § 103.1
Cited in 63 court opinionsMost recently applied by a court: 2023
Leading cases:
- Lemoine v. Lemoine (Louisiana Court of Appeal 1998, 97 La.App. 3 Cir. 1626)“…appeal from a judgment granting a final divorce pursuant to La.Civ.Code art. 102. Brenda Lemoine asserts that the trial…”
- Parker v. Parker (Louisiana Court of Appeal 1996, 671 So. 2d 1143)“…rst consider whether the divorce was properly granted under La.Civ.Code art. 102. La.Civ.Code art. 102 as it read in 1…”
- Hightower v. Schwartz (Louisiana Court of Appeal 2014, 2014 La.App. 4 Cir. 0431)“…ings for divorce against her husband, Shaun Schwartz, under La. Civil Code art. 102. During the rule-to-show-cause hearing,…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 103Judgment of divorce; other groundsIn forcecited in 4 of our articles
Except in the case of a covenant marriage, a divorce shall be granted on the petition of a spouse upon proof that: (1) The spouses have been living separate and apart continuously for the requisite period of time, in accordance with Article 103.1, or more on the date the petition is filed. (2) The other spouse has committed adultery. (3) The other spouse has committed a felony and has been sentenced to death or imprisonment at hard labor. (4) During the marriage, the other spouse physically or sexually abused the spouse seeking divorce or a child of one of the spouses, regardless of whether the other spouse was prosecuted for the act of abuse. (5) After a contradictory hearing or consent decree, a protective order or an injunction was issued during the marriage against the other spouse to protect the spouse seeking the divorce or a child of one of the spouses from abuse.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legis.la.gov
Cross-referenced in the statute itself: § 103.1
Cited in 32 court opinionsMost recently applied by a court: 2025
Leading cases:
- Poole v. Poole (Louisiana Court of Appeal 2009, 8 La.App. 3 Cir. 1325)“…d facts in his petition which would afford him relief under La.Civ.Code art. 103(2), not whether Mr. Poole could prevail…”
- Parker v. Parker (Louisiana Court of Appeal 1996, 671 So. 2d 1143)“…as abandoned. We next consider whether there was a proper La.Civ.Code art. 103(1) divorce granted. The record indica…”
- Schuchmann v. Schuchmann (Louisiana Court of Appeal 2000, 768 So. 2d 614)“…torney filed a petition for divorce, under the provision of La.Civ. Code art. 103(1), on Shawnna's behalf on February 25,…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Louisiana Spousal Support (Alimony) Laws: Interim and Final Support (2026)
§ 103.1Judgment of divorce; time periodsIn forcecited in 2 of our articles
The requisite periods of time, in accordance with Articles 102 and 103 shall be as follows: (1) One hundred eighty days where there are no minor children of the marriage. (2) Three hundred sixty-five days when there are minor children of the marriage at the time the rule to show cause is filed in accordance with Article 102 or a petition is filed in accordance with Article 103.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legis.la.gov
Cited in 3 court opinionsMost recently applied by a court: 2021
Leading cases:
- Chamberlin v. Chamberlin (Louisiana Court of Appeal 2015, 14 La.App. 3 Cir. 1322)“…art. 103(2), or, in the alternative, a divorce pursuant to La.Civ.Code art. 103.1. . Mr. Chamberlin’s petition orig…”
- Lawrence Karl v. Heather Tanner Karl (Louisiana Court of Appeal 2021)“…ty days where there are no minor children of the marriage.” La.Civ.Code art. 103.1(1). The trial court found as a matter o…”
- Gregory Kevin Poole, III v. Kristie McMillin Poole (Louisiana Court of Appeal 2012)“…to an immediate divorce based on La.Civ.Code art. 102 and La.Civ.Code art. 103.1(2). In the reconventional demand…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 131Court to determine custodyIn forcecited in 5 of our articles
In a proceeding for divorce or thereafter, the court shall award custody of a child in accordance with the best interest of the child.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legis.la.gov
Cited in 98 court opinionsMost recently applied by a court: 2025
Leading cases:
- Hawthorne v. Hawthorne (Louisiana Court of Appeal 1996, 676 So. 2d 619)“…a child in accordance with the best interest of the child. La.Civ.Code art. 131. The best interest of the child is the…”
- Fernandez v. Pizzalato (Louisiana Court of Appeal 2005, 902 So. 2d 1112)“…her a transcript or anyone else present in the meetings." La. Civil Code art. 131 provides that a court shall award custo…”
- Long v. Dossett (Louisiana Court of Appeal 1999, 732 So. 2d 773)“…novo review when it found that the trial court misapplied La. Civ.Code art. 131. The trial court made its analysis unde…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Louisiana Child Custody Laws (2026): Joint Custody, Domiciliary Parent, and Best Interests, Louisiana Act 605 Makes Equal 50/50 Custody the Default Standard
§ 2336Ownership of community propertyIn forcecited in 2 of our articles
Each spouse owns a present undivided one-half interest in the community property. Nevertheless, neither the community nor things of the community may be judicially partitioned prior to the termination of the regime. During the existence of the community property regime, the spouses may, without court approval, voluntarily partition the community property in whole or in part. In such a case, the things that each spouse acquires are separate property. The partition is effective toward third persons when filed for registry in the manner provided by Article 2332.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legis.la.gov
Cited in 25 court opinionsMost recently applied by a court: 2024
Leading cases:
- Succession of Faget v. Faget (Supreme Court of Louisiana 2010, 53 So. 3d 414)“…cts, No. 921, § 2, which also added the second paragraph to La.Civ. Code art. 2336. This added paragraph of La.Civ.Code ar…”
- In Re Succession of Moss (Louisiana Court of Appeal 2000, 769 So. 2d 614)“…patrimonial mass that includes both assets and liabilities. La.Civ.Code art. 2336 cmt. (c). Each spouse owns a present un…”
- Baumbouree v. Baumbouree (Louisiana Court of Appeal 2016, 15 La.App. 3 Cir. 1053)“…patrimonial mass that includes both assets and liabilities. La.Civ.Code art. 2336 cmt. (c). Each spouse owns a present un…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Louisiana Revised Statutes
§ 9:307Divorce or separation from bed and board in a covenant marriage; exclusive groundsIn forcecited in 2 of our articles
A. Notwithstanding any other law to the contrary and subsequent to the parties obtaining counseling, a spouse to a covenant marriage may obtain a judgment of divorce only upon proof of any of the following: (1) The other spouse has committed adultery. (2) The other spouse has committed a felony and has been sentenced to death or imprisonment at hard labor. (3) The other spouse has abandoned the matrimonial domicile for a period of one year and constantly refuses to return. (4) The other spouse has physically or sexually abused the spouse seeking the divorce or a child of one of the spouses. (5) The spouses have been living separate and apart continuously without reconciliation for a period of two years. (6)(a) The spouses have been living separate and apart continuously without reconciliation for a period of one year from the date the judgment of separation from bed and board was signed.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legis.la.gov
Cited in 7 court opinionsMost recently applied by a court: 2024
Leading cases:
- Chandler v. Chandler (Louisiana Court of Appeal 2013, 132 So. 3d 413)“…ion for legal separation in a covenant marriage pursuant to La. R.S. 9:307 on July 25, 2007. 2 She sought an awar…”
- Shirley v. Shirley (Louisiana Court of Appeal 2013, 127 So. 3d 935)“…d for judgment of separation from bed and board pursuant to La. R.S. 9:307(B) on the ground of habitual intemperan…”
- Johnson v. Johnson (Louisiana Court of Appeal 2014, 2014 La.App. 1 Cir. 0564)“…o the couple engaging in marital counseling, as required by La. R.S. 9:307 relative to covenant marriages. Mr. Joh…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 9:315Economic data and principles; definitionsIn forcecited in 6 of our articles
A. Basic principles. The premise of these guidelines as well as the provisions of the Civil Code is that child support is a continuous obligation of both parents, children are entitled to share in the current income of both parents, and children should not be the economic victims of divorce or out-of-wedlock birth. The economic data underlying these guidelines, which adopt the Income Shares Model, and the guideline calculations attempt to simulate the percentage of parental net income that is spent on children in intact families incorporating a consideration of the expenses of the parties, such as federal and state taxes and FICA taxes. While the legislature acknowledges that the expenditures of two-household divorced, separated, or non-formed families are different from intact family households, it is very important that the children of this state not be forced to live in poverty because of family disruption and that they be afforded the same opportunities available to children in intact families, consisting of parents with similar financial means to those of their own parents. B. Economic data.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legis.la.gov
Cited in 254 court opinionsMost recently applied by a court: 2026
Leading cases:
- Guillot v. Munn (Supreme Court of Louisiana 2000, 756 So. 2d 290)“…he majority, Louisiana's Child Support Guidelines, found at La. R.S. 9:315-9:315.15, were adopted in response to t…”
- Shaw v. Shaw (Louisiana Court of Appeal 1998, 714 So. 2d 906)“…he court order Neil to pay child support in accordance with La. R.S. 9:315-9:315.14 and that she be allowed to cla…”
- Gautreau v. Gautreau (Louisiana Court of Appeal 1997, 697 So. 2d 1339)“…g the award retroactive, by not following the guidelines of La.R.S. 9:315, et seq. and by not giving Ms. Gautre…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Louisiana Child Support Laws (2026): Guidelines & Calculator
Explore the law
The laws cited above reference these related sections in their own text:
- Louisiana Revised Statutes § 9:315.19 — Schedule for support view in our statute record · read at the official source
Related law for further reading — not part of this article’s citations.
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Sources and References
- Louisiana Civil Code art. 103 - Judgment of divorce; other grounds(legis.la.gov).gov
- Louisiana Civil Code art. 103.1 - Separation period requirements(legis.la.gov).gov
- Louisiana Revised Statutes R.S. 9:307 - Covenant marriage divorce grounds(legis.la.gov).gov
- Louisiana Supreme Court self-help resources(lasc.org).gov
- Louisiana Civil Code art. 102 - Judgment of divorce; living separate and apart prior to rule(legis.la.gov).gov