Family Law FAQ’s

WHO CAN FILE FOR DIVORCE?
Anyone who has been a resident of Louisiana for at least one year can file for divorce. Residents of Louisiana can file for divorce even if they are living outside the state, as long as they maintained their residency. The “Petition for Divorce” (legal paperwork requesting a divorce) must be filed in the parish where either spouse resides or where the couple last lived together.

Couples who entered into a “covenant marriage” are required to seek marital counseling before filing for divorce. A covenant marriage is based upon the belief that couples often end their marriage without attempting to resolve their conflicts. The pair agrees to attend premarital counseling before they get married and enter counseling when marital problems arise.

IS SEPARATION NECESSARY?
In short yes. The State of Louisiana requires divorcing spouses to live separately for 180 days if there are no children from the marriage. However, if the couple has children, they must live separate and apart for at 365 days before a divorce will be granted.

HOW LONG WILL MY DIVORCE TAKE?
There are two types of divorces, a 102 and 103. You can file either at the beginning of the separation which is known as a (102 divorce), or you can file once the time period required by law is up also known as a (103 divorce).

A no-fault divorce can be granted in Louisiana if the spouses have lived separate and apart for at least 180 days and do not have minor children from the marriage. Couples who have minor children from their marriage are required to live separate and apart for a continuous period of 365 days before a court will grant a divorce.