Is There a Waiting Period to Obtain a Divorce in Louisiana?
Marriages break down for many reasons. In most cases it is not the result of something traumatic such as an affair or abuse. The parties have simply grown apart and decided they are better off living separately and divorced.
Living Separate and Apart Continuously
If you have decided to live separately from your spouse, does that mean you can file for divorce the day you move out of the house? Under Louisiana law, the answer is “yes.” In Louisiana, you can file for divorce even prior to living separate and apart; however, the time delays do not begin to run for the purpose of finalizing the divorce until you live separate and apart.
Specifically, Louisiana law provides that if there are “no minor children of the marriage,” there is a waiting period of 180 days, or approximately 6 months. If there are minor children, the waiting period is 365 days, or 1 year. Note that you and your spouse must be “living separate and apart continuously” for this entire period. In other words, if you separate for a month, reconcile for a period of time, and then separate again, the 180- or 365-day clock effectively starts over again. You do not need to live separate and apart prior to filing for a divorce; however, this is a strategic decision to be made by you and your attorney.
Also note there are other grounds for seeking a divorce in Louisiana aside from living apart for the requisite period of time. A judge can also grant a divorce based on adultery, physical or sexual abuse against the spouse or a child of that spouse, or a spouse’s conviction for a felony subject to imprisonment or the death penalty. There are also different rules that apply to “covenant marriages” entered into under Louisiana law.
Appeals Court Reverses “Premature” Divorce Judgment
The waiting period may seem arbitrary and unreasonable to divorcing couples who just want to move on with their lives. It is, however, a legal requirement that cannot be waived or ignored by the court. A recent decision from the Louisiana Court of Appeals, Fourth Circuit, provides a case in point.
In Turner v. Turner, a husband and wife married in October 2013. The couple resided in Louisiana and had two children. In July 2023, the parties separated. The husband filed for divorce one month later.
In January 2025, a district court judge granted the husband a default judgment of divorce. The wife appealed. She argued the district court lacked jurisdiction over the case.
The Fourth Circuit said that was not technically correct. In Louisiana, a district court has subject matter jurisdiction over any divorce case where one of the parties is domiciled in Louisiana, as was the case here. The problem was that the couple had only been living separate and apart for a little under 2 months when the husband filed his divorce petition. Since they still had minor children, the husband had to wait at least a full year.
Contact a Baton Rouge Divorce Lawyer Today
Ending a marriage legally means following a certain set of rules and procedures. Our Baton Rouge divorce attorney can explain the process to you and help protect your rights and interests. Contact Magnolia Law today at 225-263-6713 to schedule a consultation.
Sources:
legis.la.gov/legis/Law.aspx?d=408225
scholar.google.com/scholar_case?case=13871831186231388185&
