Marriage & Divorce Laws in Louisiana

Louisiana Finances, Property and Support

Other Important Topics about Divorce in Louisiana 

Important Information About Divorce in Louisiana

What is the waiting period for divorce in Louisiana? 180 days with no kids. 365 days with kids.

Do you need to be separated before filing for divorce in Louisiana, and if so, for how long? A "no-fault" divorce requires spouses to live separate and apart for a specific amount of time (180 days, 365 days, or 2 years for covenant marriages).

What type of property division is used in Louisiana (e.g., separate or equitable)? Community Property

What is the filing fee in Louisiana? Clerk of Court fees vary from parish to parish, anywhere from $250-$600.

Is a joint petition possible in Louisiana? No

How can you waive the filing fee in Louisiana? You can ask the judge for an IFP and have the fees delayed until the end of the case. More Info

What are the annulment rules in Louisiana? In Louisiana, you need to file a "Petition to Annul Marriage" in the district court of the parish where either spouse lives. Grounds include:

• Bigamy (one spouse already married)

• Incest (spouses related as first cousins or closer)

• Coercion, fraud, or duress

• Minor (one spouse underage)

• Mental incapacitation

Is there a faster way to divorce in Louisiana (e.g., summary dissolution)? Uncontested divorce is the fastest.

What are the divorcing parties called in Louisiana? Plaintiff/Defendant

What are the residency requirements for divorce in Louisiana? No-fault: one spouse must be a resident for 6 months. Contested: one or both spouses must be domiciled in the state at filing and have been residents for one year.

Does it matter who files first in Louisiana? No

What is the response deadline in Louisiana? 15 days

Are parties required to go to court in Louisiana? Yes

Are there requirements before filing or finalizing a divorce in Louisiana (like classes)? For Covenant marriage, spouses must attend marriage counseling before filing and prior to divorce finalization.

Is separation required before finalizing a divorce in Louisiana? Yes

Is Louisiana a no-fault state? Both no-fault and fault-based divorces are available.

If filing for fault-based divorce, what are the grounds in Louisiana? Adultery, physical or sexual abuse of spouse or child, felony conviction with imprisonment or death sentence.

Is permanent alimony/spousal support available in Louisiana? Yes.

What are the spousal support rules in Louisiana? The court considers:

• Need of the spouse seeking support

• Ability of the other spouse to pay

• Any child support awards

• Lifestyle during marriage Interim, periodic, and permanent supports are available. Permanent support typically applies in cases of age or disability.

What are the child support rules in Louisiana? Louisiana uses the Income Shares Model, emphasizing continuous support from both parents proportional to their incomes. Details here.

What are the military divorce rules in Louisiana? Louisiana follows state divorce laws but can postpone proceedings for active service members due to federal laws. Property division aligns with civilian divorce rules.

Is there an official spousal support calculator in Louisiana? No.

Is there an official child support calculator in Louisiana? Yes, available through the Louisiana Department of Children and Family Services website.

When can you file taxes as a single person in Louisiana? If divorced or legally separated by December 31.

Can parties legally separate in Louisiana? If so, how? Legal separation is only available to couples in a covenant marriage and requires grounds and marital counseling.

Where do you file for divorce in Louisiana? In the state district court of the parish where either spouse lives or where the spouses last lived together.

What are the rules for filing divorce in Louisiana? Must meet residency and separation requirements. Covenant marriages require counseling.

What primary documents are generated for divorce in Louisiana? Petition

Can you change your name during divorce proceedings in Louisiana? Yes, by including a Petition for Name Change with divorce papers. Post-divorce, women may resume using their maiden name without court order.

Can you finalize a divorce while pregnant in Louisiana? Usually no; it’s typically decided case by case.

If divorce can't be finalized while pregnant, what's the procedure after pregnancy in Louisiana? Child custody and support must be resolved after the child's birth before finalizing the divorce.

Information on ending domestic partnerships in Louisiana? Primarily recognized in New Orleans, partnerships end by failing eligibility, written notice, or death. More Info

Are financial disclosures required in Louisiana? Yes, through a Financial Affidavit.

Is free legal help available for divorce in Louisiana? Possibly, depending on parish. Legal aid info

Is common law marriage recognized in Louisiana? No

Is e-filing available in Louisiana? Yes, details vary by local courts. See active courts

Are court appearances required at any point during the divorce process in Louisiana? Yes, a final hearing is required to approve your divorce settlement.

Sources:

https://louisianalawhelp.org