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Louisiana Divorce Law: Grounds for Divorce

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Louisiana Divorce Law
What are the grounds for divorce in Louisiana?

Except in the case of a covenant marriage, in Louisiana divorce law, a divorce will be granted upon motion of either spouse upon proof of 180 days' lapse since service or petition and separation of 180 days before filing of motion.

Parties to a covenant marriage may be granted divorce, according to Louisiana divorce law, upon proof of:

  1. two years' separation without reconciliation; one year's separation without reconciliation since entry of judgment of separation;
  2. 18 months' separation if there are children;
  3. upon proof the other spouse committed adultery, a felony and has been sentenced to death or hard labor, abandonment of the marital domicile for one year, or abused the petitioner or a child of either party.

Annulment

In Louisiana divorce law, the court declares the marriage contract broken; in an annulment, the court says that there never was a marriage. Annulment is much more difficult to prove -- and is much rarer -- than divorce. If you want to go this route, you will definitely need to speak to a divorce attorney. Of course, if you want an annulment for religious reasons, you'll need to consult with your priest, minister, or rabbi as well.

Documentation

You'll need to provide your divorce lawyer with the following documentation, in order to proceed with your dissolution under Louisiana divorce law. Start gathering everything together as soon as possible so that you can find out what might be missing and submit any requests for duplicates.

Personal Data

  • Full addresses and phone numbers of both parties.
  • Full names, birth dates, and addresses of all children of the marriage, their school and grade.
  • Information about any prior marriage of either spouse, including a certified copy of the divorce decree.
  • A copy of any domestic contracts (e.g. a prenuptial agreement).
  • Information about any previous legal proceedings between the spouses or involving any of the children.
  • Dates and particulars about any previous separations, attempts at reconciliation, or marriage counseling.

Financial Data

  • Your previous year's income tax return, and any related data from the IRS.
  • Information about your current income, e.g. a current pay slip.
  • A list of substantial assets and liabilities of both spouses.

For Louisiana divorce law FAQs, click here.
To read about Louisiana divorce lawyers, click here.


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