Divorce (2023)

Laws current as of

March 18, 2022

This section has basic information about divorce in Louisiana, including the grounds to get a divorce and the residency requirements that must be met to file for a divorce in Louisiana. You will find more information about divorce, including the risks of taking your children out of state while a divorce is pending, on our general Divorce page. To watch brief videos about divorce in Spanish with English sub-titles, go to our Videos page. Lastly, learn more about the court process on our Preparing for Court – By Yourself page.

  • What are the residency requirements for divorce in Louisiana?
  • What are the grounds for divorce in Louisiana?
  • Can I get spousal support?
  • How much spousal support can I get?
  • What types of injunctions related to abuse and harassment can a judge issue in a divorce case?
  • What are the basic steps for filing for divorce?
  • Where can I find additional information about divorce?

What are the residency requirements for divorce in Louisiana?

You can file for divorce in Louisiana if, at the time of filing, one or both of the spouses are “domiciled” in Louisiana.1 The law assumes that a person is “domiciled” in Louisiana if s/he has established and maintained a residence there for at least six months.2 The divorce must be filed in a parish where either party is domiciled, or in the parish where you were domiciled together in the marital home.3

1 LA Code Civ Pro 10(A)(7)
2 LA Code Civ Pro 10(B)
3 LA Code Civ Pro 3941(A)

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What are the grounds for divorce in Louisiana?

Grounds are legally acceptable reasons for a divorce. There are no-fault and fault-based grounds for divorce in Louisiana.

A judge can grant a no-fault divorce if you and your spouse have lived separate and apart continuously for at least:

  • 180 days if you and your spouse do not have a child together under 18 years old; or
  • 365 days if you and your spouse do have a child together under 18 years old.1

A judge can grant a fault-based divorce if:

  1. your spouse has committed adultery;
  2. your spouse has committed a felony and has been sentenced to death or imprisonment with hard labor;
  3. your spouse physically or sexually abused you or your child/step-child during the marriage (it does not matter if the spouse was criminally charged with the abuse); or
  4. a criminal or civil protective order or injunction was issued during your marriage against your spouse to protect you or your child/step-child from abuse.2

Note: If you have a covenant marriage, different laws apply. Please talk to a lawyer about filing for a divorce from a covenant marriage.

1 LA Code Civ Pro 103(1); 103.1
2 LA Code Civ Pro 103

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Can I get spousal support?

Spousal support (also known as alimony) is financial support paid by or to your spouse and can be awarded during the divorce (“interim support”) and/or when a divorce is granted. To get interim periodic support or final periodic support, the judge must believe that you are in need of support and not “at fault” for the divorce. To get final periodic support, the judge must also consider your spouse’s ability to pay support.1 The judge will assume that you should be granted final periodic support if:

  • the judge determines that your spouse committed domestic abuse against you, your child, or your spouse’s child; or
  • you were granted a judgment of divorce based on one of the four fault-based grounds explained in What are the grounds for divorce in Louisiana?2

When deciding the amount of support that you will get and for how long you will receive support, the judge will consider all relevant factors, including:

  1. the income and finances of each spouse;
  2. the financial obligations of each spouse, including any interim support that is ordered or a final child support obligation;
  3. how much each spouse is capable of earning, including the effect that having custody of children has upon a spouse’s earning capacity;
  4. the time necessary for you to get appropriate education, training, or employment;
  5. the health and age of the parties;
  6. the length of the marriage;
  7. the tax consequences to each spouse; and
  8. if your spouse committed domestic abuse against you or your child (or against your spouse’s child), the judge will consider:
    • the effect of such abuse; and
    • the length of time that the abuse went on (it doesn’t matter if your spouse was criminally charged for the domestic violence).3 Note: To determine if your spouse committed domestic abuse against you, the judge will consider any criminal convictions for an offense committed against you during the marriage. If there are no such convictions, the judge can order an evaluation of both parties by an independent mental health professional who is an expert in the field of domestic abuse to help determine if there was abuse and the nature of the abuse.4

Your interim or final periodic spousal support will end if:

  • either spouse dies;
  • you remarry; or
  • if there is a judicial determination that you live (“cohabitate”) with someone else in a way similar to a married couple.5

1 LA Code Civ Pro 111; 112(A)
2 LA Code Civ Pro 112(C)
3 LA Code Civ Pro 112(B)
4 LA R.S. § 9:327
5 LA Code Civ Pro 115

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How much spousal support can I get?

The amount of support you will receive cannot be greater than 1/3 of your spouse’s net income unless either of the following are true:

  1. the judge determines that your spouse committed domestic abuse against you, your child, or your spouse’s child; or
  2. you were granted a judgment of divorce based on either of these fault-based grounds:
    • ​your spouse physically or sexually abused you, your child, or your spouse’s child during the marriage (it does not matter if the spouse was criminally charged with the abuse); or
    • a criminal or civil protective order or injunction was issued during your marriage against your spouse to protect you, your child, or your spouse’s child from abuse.1

In either of these two scenarios, you can receive a lump sum that is greater than one-third of your spouse’s net income.2

1 LA Code Civ Pro 112(D); 103
2 LA Code Civ Pro 112(D)

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What types of injunctions related to abuse and harassment can a judge issue in a divorce case?

If the judge believes that there is family violence, the judge is supposed to issue an injunction as part of the divorce. The injunction, which takes the form of an abuse prevention order, would prohibit the violent spouse from contacting the abused parent or the children except for specific purposes such as communication about the children’s education, health, and welfare. The injunction will also order the violent parent to stay at least fifty yards away from the abused parent and children as well as their home, school, place of employment. It will also state that the abuser cannot come within fifty feet of the abused parent’s automobiles, except as may otherwise be necessary for court-ordered visitation.1

A violation of the injunction can punished as contempt of court and will result in the termination of all court-ordered child visitation.2

A judge can also grant an injunction that specifically prohibits a spouse from physically or sexually abusing the other spouse or a child of either of the parties.3

Lastly, a judge can issue an injunction prohibiting one spouse from harassing the other spouse.4

1 LA R.S. §§ 9:366(a); 9:362(5)
2 LA R.S. § 9:366(b)
3 LA R.S. § 9:372(a)
4 LA R.S. § 9:372.1

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What are the basic steps for filing for divorce?

While divorce laws vary by state, here are the basic steps:

  • First, you must meet the residency requirements of the state in which you wish to file.
  • Second, you must have “grounds” (a legally acceptable reason) to end your marriage.
  • Third, you must file divorce papers and have copies sent to your spouse.
  • Fourth, if your spouse disagrees with anything in the divorce papers, he will then have the opportunity to file papers telling his side. This is called “contesting the divorce.” In this case, you will have to attend a series of court appearances to sort the issues out. If your spouse does not disagree with anything, he should sign the papers and send them back to you and/or the court. This is called an “uncontested divorce.” If a certain period of time passes and your spouse does not sign the papers or file any papers of his/her own, you may be able to proceed with the divorce as an uncontested divorce anyway. You should speak to a lawyer in your state about how long you have to wait to see if your spouse answers the divorce papers before you can continue with the divorce.
  • Fifth, if there is property that you need divided, or if you need financial support from your spouse, you will have to work that out in an out-of-court settlement, or in a series of court hearings. Custody may also be decided as part of your divorce.

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Where can I find additional information about divorce?

Louisiana State Bar Association has a divorce brochure with information on spousal support and one with information on community property.

LawHelp.org provides a video about divorce in Louisiana and information about covenant marriage.

WomensLaw.org is unrelated to the above organizations and cannot vouch for the accuracy of the information on their sites. We provide these links for your information only.

You will find more information about divorce, including the risks of taking your children out of state while a divorce is pending, on our general Divorce page. To watch brief videos about divorce in Spanish with English sub-titles, go to our Videos page. Lastly, learn more about the court process on our Preparing for Court – By Yourself page.

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FAQs

What is the #1 reason for divorce? ›

Lack of commitment is the most common reason given by divorcing couples according to a recent national survey. Here are the reasons given and their percentages: Lack of commitment 73% Argue too much 56%

What are the 3 I's that cause divorce? ›

Tess Brigham, a therapist, told Insider that over such a long marriage, tension can build up in one of three main relationship categories, or the three I's: incompatibility, infidelity, and irreconcilable differences.

What is the biggest problem with divorce? ›

Emotional Turmoil

Before anything else, the biggest challenge of divorce is managing your own emotions. Breaking up is hard to do. You may feel angry at your spouse for a perceived betrayal, you may be mourning the loss of your relationship, or you might just be overwhelmed at the amount of work before you.

How do you know it's time to divorce? ›

If there's abuse, drug use or alcoholism, infidelity, or a plain inability to overcome the past – then a divorce may be the better option. And, while separation is a viable option, it can put you at risk if your spouse is taking advantage of you financially.

Is divorce better than an unhappy marriage? ›

The study found that on average unhappily married adults who divorced were no happier than unhappily married adults who stayed married when rated on any of 12 separate measures of psychological well-being. Divorce did not typically reduce symptoms of depression, raise self-esteem, or increase a sense of mastery.

What year of marriage is divorce most common? ›

While there are countless divorce studies with conflicting statistics, the data points to two periods during a marriage when divorces are most common: years 1 – 2 and years 5 – 8. Of those two high-risk periods, there are two years in particular that stand out as the most common years for divorce — years 7 and 8.

Who initiates divorce more often? ›

A study led by the American Sociological Association determined that nearly 70% of divorces are initiated by women. And the percentage of college-educated American women who initiated divorce is even higher.

What are 4 major predictors of divorce? ›

The Four Horsemen are four communication habits that increase the likelihood of divorce, according to research by psychologist and renowned marriage researcher John Gottman, Ph. D. Those four behaviors are criticism, defensiveness, stonewalling, and contempt.

What destroys a marriage? ›

While this is obviously critically important, there are many other kinds of dishonesty that can destroy marriages. Honesty regarding things such as spending habits, internet relationships, and substance use or addiction can create cracks in a marriage that quickly become chasms.

How divorce changes a woman? ›

Divorce puts a strain on the financial, social, and emotional relationships of the partners. This time particularly can be devastating for women who may lose confidence, be forced into custody issues, and may lose hope of ever finding happiness again. Some women find it hard to return to their normal self again.

How do you know when your marriage is over? ›

Here are seven signs from experts that a Carmel family law attorney believes mean a marriage might be over.
  • Lack of Sexual Intimacy. ...
  • Frequently Feeling Angry with Your Spouse. ...
  • Dreading Spending Alone-Time Together. ...
  • Lack of Respect. ...
  • Lack of Trust. ...
  • Disliking Your Spouse. ...
  • Visions of the Future Do Not Include Your Spouse.
Dec 7, 2019

Why do people stay in unhappy marriages? ›

Fear. The threat of physical violence, further emotional abuse, harming your children by depriving them of a nuclear family, and concern about how friends and family will perceive them are commonly-cited reasons why people may choose to stay in an unhappy marriage.

What are 5 warning signs to divorce? ›

6 Warning Signs Your Marriage May Be Headed For Divorce
  • There is an Emotional Distance. ...
  • You Are More Like Roommates Than Spouses. ...
  • There is a Lack of Intimacy. ...
  • Your Spouse is Always Busy. ...
  • There Are Signs Your Spouse is Cheating. ...
  • Everything You Do Seems To Irritate Your Spouse. ...
  • When It Is Time To Consult With A Divorce Lawyer.
Sep 19, 2022

When should you call a marriage quit? ›

One of the most prominent signs of when to call it quits in a marriage is unwillingness to communicate. No matter how hard you try to engage your partner, it doesn't seem to work. You try the nice voice and the sweet thoughts. You try the yelling and the threatening.

What is the average time for a divorce? ›

On average, it takes 12 months to complete a divorce, from filing the divorce petition to finalizing the judgment. If the case goes to trial, the average time is about 18 months. The average cost of divorce in 2019 was $12,900, which includes $11,300 in attorney's fees and about $1,600 in other expenses.

Are divorced woman happier? ›

And while media often shows men finding relief after “escaping the bear trap” of a bad marriage, and casts women in a desperate, “washed-up” light, research continues to show that women often report being happier after divorce.

Are people generally happier after divorce? ›

Waite examined the couples who rated their marriage as “life in hell.” Of the couples who stayed married, 78 percent were happy with life five years later. Only 53 percent of those who chose to separate or divorce said they were happy.

Is life easier after divorce? ›

While some may be happier after a divorce, research indicates most adults that divorce have lower levels of happiness and more psychological distress compared to married individuals. Divorce can bring up new conflicts between couples that cause more tension than when they were married.

Why is GREY divorce? ›

Gray (or grey) divorce refers to a divorce involving individuals who are 50 years of age or older. Many high-profile cases, such as Bill and Melinda Gates, Billy Ray and Tish Cyrus, and Arnold Schwarzenegger and Maria Shriver, have brought attention to the growing number of gray divorces.

What month do most divorces happen? ›

Which Months Do Divorce Filings Peak? Divorce rates peak in March and August. There are a number of reasons these two months see a large increase in divorce and separation. People are less likely to divorce during the winter holidays since these events revolve around time spent with family.

What profession has the highest divorce rate? ›

Key findings
  • The type of job with the highest divorce rate is military work. ...
  • Following military workers, those who have a job in health care support have the next highest divorce rate. ...
  • Drilling down to the 100 most common individual occupations, bartenders top the list with a divorce rate of 4.34%.
Mar 28, 2022

Who loses more in a divorce? ›

While many men are quick to say that their ex-wives took everything, including the dog—or that is what many country songs lead you to believe, anyway—the truth is that women often fare worse in a divorce.

What is a toxic marriage? ›

A toxic marriage is a chronic condition characterized by ongoing unhealthy mental, physical, and emotional issues that are unresolved and fester into even bigger problems. Physical abuse, substance abuse, adultery, desertion, or other major transgressions are obvious signs that a marriage is in trouble.

When you realize your marriage is over? ›

Your relationship leaves you constantly feeling drained.

Even if you're not constantly fighting, that doesn't mean your relationship can't leave you feeling utterly depleted. If every second you spend with your spouse makes you feel emotionally and physically drained, that's one of the signs your marriage is over.

What are the four pillars of an unhappy marriage? ›

Usually, these four horsemen clip-clop into the heart of a marriage in the following order: criticism, contempt, defensiveness, and stonewalling.

Which type of marriage is most likely to divorce? ›

Usually, second or third marriages in the United States have a higher divorce rate: 60% of second marriages and about 73% of third marriages end in divorce. Couples going through their first divorce are around the age of 30. Married couples between the ages of 20 to 25 are 60% likely to get a divorce.

What are the four horsemen that destroy marriages? ›

Gottman dubbed these, The Four Horsemen of the Apocalypse. They are Criticism, Defensiveness, Contempt and Stonewalling. While most relationships will have some of these, healthy relationships don't use them nearly as often and do more to repair them when they are used.

What is the number one reason marriages end? ›

It is no surprise, then, that marital infidelity is a leading cause of divorce. Just how common is marital infidelity? According to a study from the American Association for Marriage and Family Therapy, as many as 25 percent of married men and 15 percent of married women have had extramarital affairs.

What is the number one thing that breaks up marriage? ›

The most common reasons people break up usually involve a lack of emotional intimacy, sexual incompatibility, differences in life goals, and poor communication and conflict resolution skills. There are no wrong or good reasons to break up.

Who is most likely to remarry after a divorce and why? ›

Men Are More Likely to Remarry

The rate for women was significantly lower, at only 19.4 per 1,000 women eligible for remarriage. This data indicates that men are consistently more likely to attempt a second marriage than women. Over the past decade, there has been a decline in remarriage rates for both men and women.

Who hurts more in a divorce? ›

Research indicates life after divorce for men is more traumatic than it is for women, taking a more significant emotional toll as well as sparking physical deterioration. Women file for divorce 70% of the time, and when it's a shock, with no time to prepare — that has a marked impact on how men handle divorce.

Who does better financially after divorce? ›

Ultimately, the overall economic quality of a man's life, based on earnings and amount spent on living expenses, increases after his divorce. He continues to earn more but bears fewer family expenses. The overall economic quality of a woman's life, post-divorce, decreases.

How do you know if your marriage is beyond repair? ›

What does real trouble look like?
  • There's no emotional connection. ...
  • Communication breakdown. ...
  • Aggressive or confrontational communication. ...
  • There's no appeal to physical intimacy. ...
  • You don't trust them. ...
  • Fantasising about others. ...
  • You're not supporting each other and have different goals. ...
  • You can't imagine a future together.

How do you gracefully end a marriage? ›

To end a marriage gracefully, keep the message consistent each time to avoid creating confusion and wishful thinking. Be Rehearsed: Blurting out "It's over!" is the worst way to tell the other parent you want a divorce. First, rehearse the message over and over.

How do you know if a divorce is inevitable? ›

No matter how long you've been together, or what issues you've faced, these warning signs suggest that divorce is inevitable:
  1. Communication is impossible. ...
  2. Finding fault is becoming a habit. ...
  3. You're trying to keep the peace. ...
  4. You feel contempt. ...
  5. You don't turn to your spouse for support.

Is unhappiness enough for divorce? ›

Aside from being in a relationship where you or your children's safety is at risk, unhappiness may not actually be a good reason to end a relationship. Our partner was not created to make us happy, just like we are not expected to make our partners happy.

Why is married life so lonely? ›

Loneliness in a marriage can be caused by a number of different things. Family, work, and stress often play a role, but internal factors such as your own unrealistic expectations and fear of vulnerability can also make it hard to connect with your spouse.

What does the Bible say about an unhappy marriage? ›

Constant Conflict – (Ephesians 5:33)

If your marriage is filled with conflict, don't give up.” This scripture instructs a husband to love his wife as he loves himself and that his wife must respect him. If your marriage is filled with conflict, don't give up.

How do I know if my wife is preparing for a divorce? ›

These include: Your spouse is spending less time with you and isn't interested in where you are or what you're doing. This will likely extend to a lack of physical intimacy. If your spouse is suddenly hiding their social media, email and/or phone activity you should be more curious about what's on their mind.

What wife should not do when getting a divorce? ›

Do not yell, throw things, cajole, beg, plead, or nag. Keep calm and find pockets of time or moments to visit with your wife about why she wants the divorce and what options she would consider that would allow you to both reconcile. Also, keep calm if your wife starts yelling or engaging in an argument.

Why do you lose weight during a divorce? ›

A divorce diet is referred to the disturbed eating habits after a divorce. This happens due to stress and anxiety. The stress, which is also known as the appetite killer is the main reason for losing weight. According to psychologists, it is not a healthy sign.

How do you know when it's time to separate? ›

You don't feel like having a romantic meal together, going out to have fun, you are no longer concerned with the other person's wellbeing or emotional needs. You prefer to spend time and effort on someone else, such as your children or friends. You feel more alone than ever.

How do you save your marriage when it seems impossible? ›

Check out the following six tips that you can use right now to try and save your marriage.
  1. Work on intimacy. Sure, we all get busy in life. ...
  2. Talk to each other regularly. ...
  3. Enjoy spending time together. ...
  4. Practice forgiveness. ...
  5. Don't be controlling. ...
  6. Consider talk therapy.
Sep 30, 2022

What age is divorce easiest? ›

On average, children aged 6-10yrs old are least affected by divorces; however, children aged 1-2yrs old's seem to be the most affected. Every marriage goes through its good times and bad times; however, when children become involved in the equation, the stakes become even higher.

What year of marriage is most common for divorce? ›

While there are countless divorce studies with conflicting statistics, the data points to two periods during a marriage when divorces are most common: years 1 – 2 and years 5 – 8. Of those two high-risk periods, there are two years in particular that stand out as the most common years for divorce — years 7 and 8.

What time of year is best to file for divorce? ›

A few of the top reasons to file for divorce in January include: Being prepared for the next tax year – Most divorces are completed within a year. By filing in January, then, a spouse can increase the odds of qualifying to file as head of household or single for the next tax year.

What breaks most marriages? ›

An affair whether emotional or physical

Betrayal leads to the breakdown of all of the bonds that hold a relationship together: emotional, physical, spiritual. The trust, respect, loyalty, and communication are so damaged that many couples decide to divorce because they can't find a way to get past the betrayal.

What 5 reasons do couples divorce for? ›

Just stay with this article, you'll get a complete understanding of the most common reasons:
  • Money. Money is the number 1 reason behind causing a divorce between couples. ...
  • Cheating. ...
  • Constant Fighting. ...
  • Intimacy. ...
  • Abusive. ...
  • Drug Addict. ...
  • Early Pregnancy.
Jun 13, 2021

Why do most marriages fail? ›

These items included lack of commitment, infidelity/extra-marital affairs, too much arguing or conflict, substance abuse, domestic violence, economic hardship, lack of support from family members, marrying too young, little or no premarital education, and religious differences.

Who initiates divorce more? ›

A study led by the American Sociological Association determined that nearly 70% of divorces are initiated by women. And the percentage of college-educated American women who initiated divorce is even higher.

What is the number one killer of marriages? ›

Killer #1: Over Familiarity

This is the most common killer and is present in every single marriage that is not doing well. It is present even when couples think, "everything is fine." It starts off very small and subtle, and grows unnoticed.

How do you know when to end a marriage? ›

Here are seven signs from experts that a Carmel family law attorney believes mean a marriage might be over.
  1. Lack of Sexual Intimacy. ...
  2. Frequently Feeling Angry with Your Spouse. ...
  3. Dreading Spending Alone-Time Together. ...
  4. Lack of Respect. ...
  5. Lack of Trust. ...
  6. Disliking Your Spouse. ...
  7. Visions of the Future Do Not Include Your Spouse.
Dec 7, 2019

What is the average age divorce? ›

The average age for people going through a divorce for the first time is 30 years old. According to a recent report, more than half, or 60%, of divorces involve spouses who are between the ages of 25 and 39.

What profession has highest divorce rate? ›

Key findings
  • The type of job with the highest divorce rate is military work. ...
  • Following military workers, those who have a job in health care support have the next highest divorce rate. ...
  • Drilling down to the 100 most common individual occupations, bartenders top the list with a divorce rate of 4.34%.
Mar 28, 2022

What is the divorce rate by age gap? ›

Starting with a reference point of the same age couple, a couple who has a 1-year age difference has a 3% greater likelihood of divorce. If there is a 5-year age difference, the risk increases 18%. 10 year age difference yields increased risk of 39%. If there is a 20-year age difference, the risk increases 95%!

What is the biggest reason marriages end? ›

The majority of men and women in this study mentioned affective dimensions of their marriage relationship - encompassing communication problems, incompatibility, changed lifestyle desires and instances of infidelity - as the main reason for their divorce.

What is the #1 reason people get married? ›

Among married and cohabiting adults, love is cited more than any other reason for why they decided to get married or to move in with their partner: 90% of those who are married and 73% of those living with a partner say love was a major factor in their decision.

Are some marriages not worth saving? ›

“A marriage may not be worth saving if your partner refuses to work on anything or take responsibility for creating a joint life,” Sherman says. “If they call all the shots and none of your needs are ever heeded, you may decide that the only way to create a healthy relationship is by yourself or with someone new.”

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