louisana Divorce

A Louisiana divorce, or dissolution of marriage, can be filed by either spouse to end the marital relationship. Upon completion of a Louisiana divorce, the parties are restored back to single status. The court will also issue any necessary orders for child support and custody, alimony (spousal support) and the division of community and separate assets and debts.

Types of Divorce in Louisiana

Divorce by Default

The Respondent spouse does not need to answer a Petition for Divorce in Louisiana. To obtain a final Judgment of Divorce, the Petitioner spouse must enter a motion entitled "Rule to Show Cause" with the court. Each judicial district in Louisiana may have specific individual rules pertaining to divorce actions; thus, the Petitioner spouse must refer to the Louisiana Rules of Court for the rules in a particular judicial district.

Alternatives to Divorce in Louisiana

A legal separation can be filed by a married person who wishes to maintain the marriage but physically separate and try to resolve any problems in the marriage. The grounds for legal separation in Louisiana are the same as those for divorce from a covenant marriage. However, a spouse may petition the court for spousal and/or child support and restitution of separate property during a marriage. This is intended to provide for those spouses who desire to live apart, but not divorce.

An annulment is sought in order to nullify the marriage and disavow its existence, returning the parties to their prior single status, as if they never married. Annulments are rare and are only granted in situations where there was some legal defect at the time of marriage that makes it invalid. Even if the marriage was not valid from the beginning, the court still has the power to divide the property, enter a parenting plan for children, and make financial orders.