Grounds for Divorce

The state of Louisiana recognizes both fault and no-fault grounds for divorce. Fault grounds for divorce suggest marital misconduct committed by the non-filing spouse. Thus, the plaintiff has to prove any fault-ground for divorce before the court. Fault-based grounds for divorce in Louisiana include adultery and imprisonment.

The no-fault ground for divorce is living separately and apart for a specific time. The required time varies depending on the couple's circumstances. For example:

• If the spouses don't have children they can file for a no-fault divorce after living separate and apart for 180 days.
• If the couple has minor children of the marriage, they can file for a no-fault divorce after living separate and apart for 365 days. However, this period can be reduced to 180 days if the court finds that the defendant has committed sexual or physical violence against the plaintiff or the child.