There are generally three types of divorces in Louisiana: an art. 102 no-fault divorce, an art. 103(1) no-fault divorce, and fault-based divorces under art. 103.
A divorce can be granted under art. 102 of the Civil Code after the parties have lived separate and apart continuously for a requisite period of time after service of a petition for divorce (or written waiver of service). The requisite time period is 180 days if there are no minor children of the marriage. If there are minor children of the marriage, the requisite time period for living separate and apart is 365 days. After the passage of the requisite time period, either party may file a rule to show cause to set the matter for hearing.
Note: community property will terminate retroactive to the filing of the petition for divorce. You should speak to an attorney about the potential consequences of initiating a 102-divorce proceeding, as opposed to a 103(1) proceeding, specifically concerning any community property claims you or your spouse may have as well as the effect each option may have on other ancillary matters, including support.
A divorce can be granted under art. 103(1) of the Civil Code after the parties have lived separate and apart continuously for a period of at least 180 days (when there are no minor children of the marriage) or 365 days (when there are minor children of the marriage) prior to the filing of the petition for divorce. Art. 103(1) provides a simpler alternative to a no-fault divorce than art. 102 in that a petition for divorce does not need to be filed before the requisite time period begins to run.
Note: community property will terminate retroactive to the filing of the petition for divorce. If you are seeking a no-fault divorce under either art. 102 or 103(1), you should speak to an attorney about the potential consequences of each option, specifically concerning any community property claims you or your spouse may have.
Divorces involving fault require substantial proof, in some cases, even the admission of the party at fault is not enough for a court to find that person at fault. More information about divorces involving fault may be found here.
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