Divorce

Divorce

We handle divorces in Terrebonne and Lafourche Parishes. Louisiana is a “no fault” divorce state. You do not have to give a reason for a divorce. If you want a divorce, you can get one whether your spouse wants it or not.

Separation

While there is no legal status of separation in Louisiana, it is a very significant factor. To obtain a divorce in most circumstances you must live separate and apart for a period of time. “Separate and apart” means you must live under a separate roof the entire time.

If there are no minor children, the time you have to live separate and apart is six months. If there are minor children, the time is a year. There are exceptions though, described below.

If at any time following the filing of divorce, you “reconcile” by living together even briefly, with the intent to live together as husband and wife, the proceeding is extinguished. You’d have to re-file if you still want the divorce.

There are two basic types of divorce: the Article 102 divorce and the Article 103 divorce.

Article 102 Divorce (“File and Wait”)

A divorce under Louisiana Civil Code Article 102 is often called a “file and wait” divorce. You can file for a divorce even before you are separated.

This is a very common way to proceed. It allows you to work out details such as support and custody while the divorce is pending. Also, the termination of community property will be effective retroactively to the date of filing, which helps protect your property interests.

Article 103 Divorce (“Wait and File”)

A divorce can be obtained relatively quickly if the six month / one year waiting period of separation has already passed. This is filed under Louisiana Civil Code Article 103.

Other Grounds

A divorce can be obtained immediately if your spouse commits adultery or is sentenced to death or imprisonment at hard labor for a felony. An immediate divorce can also be obtained if your spouse physically or sexually abused you or your child.

Call Us Now

If you are ready to file for a divorce or if your spouse has filed for divorce against you, call us today at (985) 853-8557.

Allison & Allison Family Law