Are You Considering A Divorce?

DIVORCE
Divorce in Louisiana requires that you are a resident of the state. There are four grounds upon which to obtain a divorce in Louisiana: Living separate and apart after filing the petition, living apart before filing the petition, adultery, and commission of a felony. Read our detailed legal summary of Louisiana including grounds, residency, child custody, child support, alimony, mediation, property, settlement agreements, and annulments.
Domicile
If you seek to file a divorce in Louisiana, it is important to be aware of the residency requirements prior to filing for your divorce. In order to file for divorce you must be a resident of Louisiana. The papers for dissolution of marriage must also be filed in a parish where either of the spouses resides, or the parish of the last place the couple lived together.
Grounds
There are four grounds upon which a divorce in Louisiana can be obtained.
Living separate and apart after filing of petition.
Once a petition for divorce is filed, if the parties remain separate and apart without reconciliation, either spouse may ask the court for a divorce 180 days after the petition for divorce was served or a written waiver of service was filed in the record.The 180-day waiting period requirement cannot be waived. The action can be defeated if there is reconciliation between the parties, in that, they resume living together with a mutual intent to resume the marriage at any time during the waiting period. Certain procedural formalities are required.
Living separate and apart before filing of petition.
If the spouses have lived separate and apart, continuously and without reconciliation, for six months or more, either spouse may file a petition for divorce.
The other spouse commits adultery
Adultery on the part of the other spouse is grounds for an immediate divorce; there is no required waiting period. The burden of proof is on the party alleging the adultery and is very strict. Corroborative testimony is normally required and it must be proven that the other spouse engaged in sexual relations with another person.
Conviction of a felony.
If the other spouse has committed a felony and has been sentenced to death or imprisonment at hard labor, a petition for divorce can be filed. The facts of conviction and sentencing are the only proof requirements; appeals and actual serving of the sentence are immaterial.

If you are considering a divorce, please contact Attorney Winters at 225.284.8762