Louisiana Civil Code Article 102 establishes divorce based on separation. Unlike most states, Louisiana does not recognize traditional fault-based grounds. A divorce is granted when spouses live separate and apart for the required separation period. Louisiana also provides Article 103 divorce (conversion divorce) for spouses who have obtained a judgment of separation and wish to convert it to an absolute divorce without waiting periods.
To file for divorce in Louisiana, you petition the District Court in the parish where either spouse is domiciled. You file a Petition for Divorce under Article 102 or Article 103 depending on your circumstances. The petition must specify the grounds and include information about property, minor children, and custody arrangements if applicable. Louisiana requires proper service of the petition on the other spouse according to Louisiana Code of Civil Procedure.
Louisiana requires that one spouse be domiciled in the state, which means maintaining a residence with intent to remain in Louisiana. This is a legal concept broader than mere physical presence. The domicile requirement must be established before filing. For the separation-based divorce under Article 102, spouses must be physically separated and living apart for the entire waiting period.
Louisiana operates under a civil law system with community property principles. Louisiana Civil Code Article 871 establishes that property acquired during the marriage by the joint efforts of the spouses is community of acquets and gains. This system is unique among U.S. states, reflecting Louisiana's French and Spanish legal heritage.
Under the community of acquets and gains, each spouse owns an undivided one-half interest in community property. Community property includes income from employment, business earnings, and most assets acquired during marriage regardless of whose name is on the title. At divorce, community property is divided equally between spouses unless the spouses agree otherwise or the court determines otherwise for just cause.
Separate property includes assets owned before marriage, gifts and donations made to one spouse, inheritances received by one spouse, and property acquired after the end of community property (through separation of property). Separate property remains the property of the spouse who owns it and is not divided at divorce. Louisiana courts respect the separation of property regime if spouses have formally established it.
Louisiana applies the best interest of the child standard under Louisiana Civil Code Article 134. The court considers the love, affection, and other emotional ties between the child and each parent; the ability of each parent to provide the child with food, shelter, education, and medical care; which parent has been the primary caregiver; the child's adjustment to home, school, and community; the stability of the home each parent can provide; the mental and physical health of each parent; and the child's preferences if the child is of sufficient maturity.
Louisiana recognizes joint custody and sole custody. Louisiana law creates a presumption in favor of joint custody when both parents request it and when joint custody is in the child's best interest. Joint custody allows both parents to share parenting responsibilities and decision-making authority. Sole custody awards full parenting authority to one parent when joint custody is not appropriate.
Louisiana uses a civil law system derived from French and Spanish law rather than common law. Louisiana does not recognize fault-based divorce grounds. Instead, divorce is based solely on separation. Louisiana also uses community of acquets and gains for property division rather than the equitable distribution model used in most states. These unique features make Louisiana divorce law distinctly different.
Community of acquets and gains property is divided equally between spouses (50-50 split) unless they agree otherwise or the court finds just cause to divide differently. Separate property belonging to one spouse is not divided. The equal division principle differs from other states that use equitable distribution and attempt to divide property fairly but not necessarily equally.
Yes, spouses can establish separation of property through a matrimonial regime contract before or during marriage. This allows couples to treat certain assets as separate rather than community property. The separation of property regime gives each spouse more control over their individual assets but requires formal legal documentation.
If minor children are present, spouses must live separate and apart for 365 days (one full year) after proper service of the divorce petition before the court can grant the divorce. This extended waiting period reflects Louisiana's desire to ensure stability for children during family transitions. The waiting period cannot be waived by agreement.