Key Takeaways

  • Property division: Community property.
  • Residency requirement: One spouse must be domiciled in the state.
  • Waiting period: 180 days of living separate and apart (365 days with minor children).
  • Filing fee: $200 - $400.
Community property Property division method
One spouse must be domiciled in the state Residency requirement
180 days of living separate and apart (365 days with minor children) Waiting period
$200 - $400 Filing fee

Grounds for Divorce

Louisiana allows no-fault divorce. The no-fault ground is: Living separate and apart for 180 days (or 365 days if there are minor children).

Fault-Based Grounds

Louisiana also recognizes these fault-based grounds for divorce:

  • Adultery
  • Commission of a felony with a sentence of death or hard labor

Residency Requirements

One spouse must be domiciled in the state.

Property Division

Louisiana is a community property state. Louisiana is a community property state. Property acquired during the marriage is presumed to be community property and is divided equally. Separate property (owned before marriage, gifts, and inheritances) remains with the owning spouse. Louisiana's community property regime is based on its civil law tradition.

Alimony / Spousal Support

Louisiana allows interim spousal support during the divorce proceedings and final periodic support after the divorce. Final support is available only to a spouse who is not at fault and lacks the means for self-support. Courts consider the needs of the requesting spouse, the ability of the other spouse to pay, the earning capacity of both parties, and the duration of the marriage.

Child Custody

Louisiana courts determine custody based on the best interest of the child. Factors include the love and emotional ties between each parent and the child, the capacity of each parent to provide adequately, the moral fitness of each parent, and the child's reasonable preference (if of sufficient age).

Child Support

Louisiana uses the income shares model. Child support is calculated based on both parents' combined adjusted gross incomes, the number of children, and additional costs for health insurance, childcare, and extraordinary expenses.

Filing Fee

The filing fee for divorce in Louisiana is $200 - $400. Fee waivers may be available for those who cannot afford to pay.

Louisiana court divorce resources

Related Resources

Frequently Asked Questions

  • What are the grounds for divorce in Louisiana?

    Louisiana allows no-fault divorce after the spouses have lived separate and apart for 180 days (or 365 days if there are minor children). Fault-based grounds include adultery and commission of a felony with a sentence of death or hard labor.

  • How long do you have to live in Louisiana to file for divorce?

    At least one spouse must be domiciled in Louisiana at the time of filing. Louisiana does not specify a minimum time period, but domicile requires physical presence and intent to remain.

  • How is property divided in a Louisiana divorce?

    Louisiana is a community property state. Community property is divided equally between the spouses. Louisiana's property law is based on its unique civil law tradition derived from French and Spanish law.

  • How long does a divorce take in Louisiana?

    Louisiana requires a 180-day separation period (or 365 days with minor children) before a no-fault divorce can be granted. After meeting the separation requirement, uncontested divorces can be finalized in a few weeks. Contested cases take longer.

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