Getting Divorced
La. C.C. art. 103.1 — 180 days apart with no minor children, 365 days with them
| Marriage | Time living separate and apart |
|---|---|
| MarriageNo minor children | Time living separate and apart180 days |
| MarriageMinor children | Time living separate and apart365 days |
- Under Article 102, a spouse files for divorce, and after the period runs from service of the petition, with the spouses apart that long, files a rule to show cause for the judgment.
- Under Article 103, a spouse proves the spouses had already been apart for the period when the petition was filed.
- Article 103 also grants divorce for adultery, for a felony sentenced to death or hard labor, for physical or sexual abuse of the spouse or a child, or after a protective order against the other spouse.
In the divorce or afterward, either spouse may ask the court to decide child custody, visitation and support, spousal support, an injunction, and use of the family home and community property.
None of this applies to a covenant marriage, which has its own grounds. A particular divorce is a question for a licensed Louisiana attorney.
Sources for this section (4)
- La. C.C. art. 102 — Judgment of divorce; living separate and apart prior to rule
- La. C.C. art. 103 — Judgment of divorce; other grounds
- La. C.C. art. 103.1 — Judgment of divorce; time periods
- La. C.C. art. 105 — Determination of incidental matters
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Louisiana attorney.