What Are The Grounds For Divorce In Louisiana?
Legislation in Louisiana does not require spouses who are separating to file for legal separation. However, one of the grounds for divorce is living apart or separate. After separating or living apart, spouses may file for divorce, but a judgment is not made on the filing until the spouses have spent at least 180 days apart. If the spouses have minor children, the required period of separation increases to 365 days. These requirements might change if sexual or physical abuse is involved.
There are also differences in the living apart grounds for divorce if the spouses entered a covenant marriage. This type of marriage means that the spouses agreed prior to saying their vows that there must be fault-based grounds for seeking divorce. Before getting a divorce, the spouses must go through counseling, and there must be proof that adultery, abandonment, abuse or criminal behavior occurred during the marriage.
A spouse could petition for divorce if the other spouse committed a felony and is sentenced to imprisonment at hard labor or receives the death penalty. The only criteria for proof are the conviction and the sentencing; it does not matter if the convicted spouse appeals the decision or actually serves the sentence.
Grounds for immediate divorce exist if one of the spouses commits adultery. The spouse who claims that adultery occurred must provide proof. The adultering spouse must have had sexual relations with someone other than the accusing spouse, and corroborative testimony must be present.
The process of filing for divorce might be too complex and stressful for some spouses to navigate on their own. These spouses could get help from divorce attorneys who can walk them through the process and handle any required paperwork. No information in this article should be construed as specific legal advice.
Source: Women’s Law, “Divorce“, January 06, 2015