Legal Question in Family Law in Louisiana

I'm looking to start the divorce process and really do not know where to start. How do you start the process? Is it as simple as moving out and beginning the 365 living separate and apart? Is there a legal separation agreement? Or a process for one? I see the article 102 filing asks for PETITION FOR DIVORCE but cannot seem to find what this is. Any help in understanding the process and how to start would be welcomed.


Asked on 11/26/15, 6:15 am

1 Answer from Attorneys
Andrew Casanave Andrew M. Casanave

There are four grounds for divorce in Louisiana.

1. If your spouse is convicted of a felony and sentenced to the penitentiary, you can get an immediate divorce. Obviously this is rare. I've been an attorney 33 years and filed one of these.

2. Adultery. While this is often available, it is expensive and nasty, therefore most people don't use it.

3. Live separate and apart for 6 months (1 year if there are minor children), then file.

4. File, then live separate and apart for 6 months (1 year if there are minor children).

There is no legal separation in Louisiana. It was discontinued in the 1990s when option #4 listed above was instituted.

It is easier with a lawyer. Best wishes.

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Answered on 11/26/15, 6:32 am


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