Thinking about divorce in Louisiana? Let’s cut through the legal clutter and get clear on the rules, timelines, and what to expect if you’re filing (or about to be served).
Prerequisites for divorce in Louisiana
Residency
You or your spouse must have lived in Louisiana for at least six months before filing.
Waiting period
Louisiana has a mandatory separation period before filing or finalizing a no-fault divorce:
- 180 days if you have no minor children
- 365 days if you have minor children
This period must be completed before the divorce can be finalized—and in some cases, before you can even file.
Grounds for divorce
Louisiana offers both fault and no-fault options:
- No-fault divorce: Based on living apart for the required period without any specified reason for ending the marriage.
- Fault-based divorce: Includes adultery, abuse, felony conviction, or abandonment. These can be faster and may affect spousal support.
How to file for divorce in Louisiana
- File a Petition: Submit to the district court in your or your spouse’s parish of residence.
- Serve the other spouse: You must officially serve your spouse via sheriff or process server.
- Waiting period: If no-fault, you’ll wait 180 or 365 days from the date of separation.
- Finalize: If there’s no objection or dispute, a judge can issue a final divorce judgment without a trial.
How much does it cost to file for divorce in Louisiana?
Filing fees vary by parish, generally around $200–$400. Additional costs may include:
- Service of process
- Legal assistance
- Mediation or parenting classes (if applicable)
Fee delayers may be available if you meet income qualifications. You can ask your local courthouse for assistance forms.
Property division in Louisiana
Louisiana is a community property state. Most assets and debts acquired during the marriage are split 50/50.
Community property includes:
- Earnings during the marriage
- Property or vehicles bought with joint funds
- Shared debts
Separate property, like gifts, inheritance, or pre-marriage assets, typically isn’t divided—unless commingled.
Alimony (spousal support) in Louisiana
Spousal support may be awarded depending on:
- Length of the marriage
- Each spouse’s income and ability to earn
- Whether one spouse was at fault (fault-based divorces matter here)
Types of alimony:
- Interim (temporary): Covers expenses during the divorce process
- Final (longer-term): May be granted if the receiving spouse lacks resources post-divorce
There’s no fixed formula. Judges assess based on financial need and fairness.
Child custody and support in Louisiana
Custody
Louisiana uses the best interest of the child standard. Courts prefer joint custody when possible, unless it’s unsafe.
Factors considered:
- Parental fitness and involvement
- Ability to provide a stable home
- Past abuse or substance issues
- Child’s preference (in some cases)
Child support
Louisiana uses state guidelines based on both parents’ incomes. You can estimate support using Louisiana's Child Support Worksheet.
Military divorce in Louisiana
Either spouse must reside or be stationed in Louisiana to file here. Federal protections apply under the Servicemembers Civil Relief Act (SCRA).
Legal separation and annulment
- Legal separation: An option in covenant marriages (a special type of marriage). Otherwise, rarely used.
- Annulment: Available in specific cases—like fraud, coercion, bigamy, or underage marriage.
Can you file for divorce online in Louisiana?
Some parishes offer online filing through their Clerk of Court. Others require in-person filing. Check with your local parish court.
After the divorce
Make sure to:
Legal help and resources
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