Louisiana Divorce FAQs – Miscellaneous

This is about miscellaneous issues for divorce in Louisiana, including residence requirements, grounds for divorce, common law marriage, annulment, legal separation, and any requirement for parent training.

This information is from Adam Lambert, thexxxxxDivorceInfo Network Lawyer for Louisiana. Click here to visit his web site.

What are the requirements for residence?

Generally, the residence held during the marriage will be the parish where the divorce is filed, unless the filing party established a domicile elsewhere prior to marriage or after physical separation. Once this court takes the case, it will have “continuing jurisdiction” over the case and will hear all issues arising out of the divorce regardless of whether one of the parties moves elsewhere.

What are the grounds for divorce?

There are several bases for immediate divorce set out in Louisiana Civil Code Article 103. These include things like adultery, abandonment, cruelty, etc., and are grounds for an immediate “fault-based” divorce. Persons can also obtain divorce based solely on their having lived separate and apart for 120 days, or six months.

The grounds for divorce are set out in Louisiana Civil Code Articles 102 and 103.

Note that “Legal Separation” no longer exists in Louisiana.

Is there such a thing as common law marriage?

Although Louisiana may recognize a “Common Law Marriage” from another state, persons living in Louisiana cannot become married absent a marriage ceremony regardless of how long they live together. There is no such thing as “Common Law Marriage” in Louisiana.

How does annulment work?

A married couple can obtain an annulment if their marriage involved mistake, or other circumstances and the marriage was not solemnized.

Is there such a thing as legal separation? If so, how does it work?

No. Louisiana no longer has “Legal Separation.” Parties that were legally separated before the abolition of “Legal Separation” can remain separated, but parties may no longer obtain a Judgment of Separation in Louisiana.

Note that this refers to “Legal Separation,” which is different from the “physical separation” that occurs when parties are “living separate and apart” prior to divorce.

Do parents of minor children have to go through parent training? If so, how much does it cost, and how long does it take?

In certain circumstances a court will order a parent to undergo training or counseling. One situation is where there has been a history of family violence that would warrant the imposition of an order mandating counseling, as set out in Louisiana Revised Statute 9:364. Costs will vary.

Other issues in Louisiana:

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