Legal Question in Family Law in Louisiana

You can file any suit by what is called pro se or by the actual individual without representation. There are actually three different proceedings when it comes to divorce in Louisiana.

RESIDENCY REQUIREMENTS AND WHERE TO FILE: To file for a divorce in Louisiana, either spouse must be a resident in a parish of the state for a period of twelve months. An action for divorce can be filed in the parish where either party is domiciled. [Based on Louisiana Civil Code - Article 103.1 and CCP Article 10]

LEGAL GROUNDS FOR DIVORCE: Except in the case of a covenant marriage, a divorce shall be granted on the petition of a spouse upon proof that:

1.The spouses have been living separate and apart continuously for the requisite period of time, or more on the date the petition is filed; The requisite period of time is as follows:

�180 days if there are no minor children involved, or if there is evidence that the other spouse has physically or sexually abused the spouse seeking divorce or a child of one of the spouses, or if a protective order or an injunction has been issued, in accordance with law, against the other spouse to protect the spouse seeking the divorce or a child of one of the spouses from abuse and is in effect at the time the petition for divorce is filed.

�365 days when there are minor children of the marriage.

2.The other spouse has committed adultery; or

3.The other spouse has committed a felony and has been sentenced to death or imprisonment at hard labor.

In the case of a covenant marriage, the following grounds apply:

1.The other spouse has committed adultery.

2.The other spouse has committed a felony and has been sentenced to death or imprisonment at hard labor.

3.The other spouse has abandoned the matrimonial domicile for a period of one year and constantly refuses to return.

4.The other spouse has physically or sexually abused the spouse seeking the divorce or a child of one of the spouses.

5.The spouses have been living separate and apart continuously without reconciliation for a period of two years.

6.The spouses have been living separate and apart continuously without reconciliation for a period of one year from the date the judgment of separation from bed and board was signed. If minor children are involved, the period shall be extended for an additional six months unless there is evidence of the child

Based on Louisiana Civil Code - Articles 103 and 103.1 and Louisiana Revised Statutes - RS 9:307

The codal articles set out the procedure for filing each kind of divorce.