What Are the Grounds for Divorce in Louisiana?

When a Louisiana marriage reaches its breaking point, the legal issues can feel as daunting as the emotional ones. You may be wondering whether you have solid grounds for divorce and how long the process will take. Understanding the legal basis for ending a marriage helps you plan, protect your interests, and avoid unnecessary delays.

Louisiana recognizes both no‑fault and fault-based divorce options. Each of these is subject to specific requirements that matter when you stand before a judge as a plaintiff.

Fault versus no‑fault options

Louisiana law offers two basic pathways. You can allege fault or you can rely on “living separate and apart.” Either route qualifies as grounds for divorce, but the evidence you must show – and how fast you can become single – differs sharply.

Living separate and apart

Most people choose the no‑fault route. If you and your spouse live in separate residences for 180 days without minor children, or 365 days when minor children are involved, the court can grant a divorce under Art. 103(1) of the Louisiana Code of Civil Procedure. Keep copies of all leases, utility bills, and witness statements to build your case.

Adultery

Proving your spouse’s infidelity opens the door to an immediate divorce. Civil Code Art. 103(2) states that adultery is a fault ground for divorce. You must show clear and convincing evidence — hotel receipts, explicit messages, or eyewitness testimony. Suspicion alone will not persuade a Louisiana judge.

Felony conviction

If your spouse has been convicted of a felony and sentenced to death or imprisonment at hard‑labor, you can file for divorce right away under Art. 103(3). Certified court records usually suffice. This ground for divorce spares you any waiting period, because the law views the conviction as decisive.

Domestic abuse and protective orders

Louisiana takes family violence seriously. When a spouse or a child of the marriage suffers physical or sexual abuse – or when a protective order has been entered – you may petition for an immediate divorce under Art. 103(4) and Art. 103(5). Police statements and medical records are crucial.

Covenant marriages require extra steps

Roughly one percent of Louisiana couples choose a covenant marriage. If that’s you, counseling is mandatory before filing for divorce, and the list of fault‑based grounds for divorce is narrower. Abandonment for a year, adultery, felony conviction, or abuse still qualify, but the court insists on counseling first.

Evidence matters

A judge will not rely on your word alone. Collect documents early—digital photos, bank statements showing separate addresses, protective orders, or certified criminal judgments. When those documents line up with specific statutory grounds for divorce, the odds of a swift ruling increase.

Filing procedure

File a petition in the parish where either spouse lives. Complete service of process on your spouse promptly using a neutral third party. Without service of process, the “living separate and apart” clock stalls. If you are pursuing no‑fault grounds for divorce, continue living apart until the judge signs final papers. Moving back in together resets the timeline to zero.

Waiting periods and timelines

No‑fault divorces become final quickly after the end of the separation period, because trial courts seldom hold full hearings. Fault-based divorces can wrap up in weeks when evidence is airtight, but contested facts may extend the proceedings for months. A realistic plan prevents disappointment and saves legal fees.

Spousal support impact

Fault matters beyond mere dissolution of the marriage. A spouse proved to be at fault -– for adultery, abuse, or felony conviction – may be barred from receiving alimony. Evidence you gather supporting grounds for divorce can therefore influence your future finances in addition to your marital status.

Child custody and community property

Louisiana courts decide child custody by the “best‑interests of the child” standard and they typically divide community property equally. Yet fault grounds can affect both. Evidence of abuse could limit custody, and criminal restitution debts may reduce a felon’s share of marital property. Organize records so that your strategy is consistent.

Settlement versus trial

Even when you have strong grounds for divorce, most divorce cases end in settlement. The ability to prove adultery or abuse gives you leverage at the bargaining table. Use that leverage wisely to negotiate support, custody, and property without airing every grievance in open court.

Co‑parenting during separation

Keeping kids’ routines stable helps them cope and shows the court you prioritize their welfare. Share calendars, agree on school pickups, and avoid negative talk about the other parent in front of your children. Judges notice cooperative behavior, and it can bolster your position for custody and visitation.

Financial housekeeping before filing

Check credit reports, gather tax returns, and open a bank account in your name only. Tracking income and expenses makes it easier to request temporary support or defend against unfair claims. Clear records are as valuable as any other evidence when establishing grounds for divorce.

Common myths debunked

The following common beliefs are myths:

• “Adultery must be proven by video.” False – circumstantial evidence can work if it shows the opportunity and inclination to cheat.
• “Moving out forfeits property rights.” Wrong – community property rights continue until the divorce judgment.
• “You can refuse service of process.” Dodging papers only delays the inevitable, and could get you into trouble with the court.

Talk to your lawyer before you assume anything.

Preparing your testimony

Practice stating facts calmly. Stick to dates, documents, and statutory language like “grounds for divorce” rather than emotional outbursts. Judges appreciate clarity, and judges in Louisiana have limited patience for drama.

Emotional support

Your legal rights matter, but so does your mental health. Lean on friends, counseling, or faith communities. Gathering proof of fault or waiting out a separation can feel isolating but remember, you are moving toward a fresh start.

Choose the right lawyer

An attorney versed in Louisiana family law knows which grounds for divorce fits the facts of your case, how to file strategically, and how to keep paperwork flawless. Skilled counsel shields you from procedural pitfalls that can cost you time and money.

Hire dedicated advocates

The team at Graham Law & Associates in New Orleans combines compassionate guidance with courtroom know‑how. Their family law focus, bilingual service, and reputation for easing clients’ burdens translate into practical solutions when every moment matters.

If you are ready to reclaim your future, Graham Law & Associates stands ready to listen, build your case, and fight for the swiftest, cleanest exit Louisiana law allows. Make the first move today, and tomorrow will start with a single determined step.