Divorce

Introduction

In Louisiana, there are two primary types of divorce: Article 102 and Article 103, with the state following a no-fault divorce approach, meaning wrongdoing by a spouse doesn't need to be proved. The divorce process begins when one spouse files a Petition for Divorce in their parish, and the other spouse must then be served with these papers and respond within a specified period. Grounds for divorce include both fault-based reasons, such as adultery or felony conviction, and no-fault reasons, which require living separately and apart for either 180 or 365 days, depending on whether there are minor children. Article 102 divorce can be filed before living separately for the required time, but after filing, spouses must live apart for the required duration, whereas Article 103 divorce is filed after living separately for the necessary period. Additional considerations in a Louisiana divorce include residency requirements, division of community property, spousal support, child custody, and the possibility of a name change post-divorce.