When Do I Need to Get a Divorce?

You need to get a divorce if you want to end a valid marriage. In Louisiana, marriage is a legal relationship between a man and a woman, created by a civil contract. The marriage contract in Louisiana requires:

1) No legal impediment (examples: you are still married to another person; your spouse is a blood relative within the 4^th degree, or is too young);

2) A marriage ceremony, performed by a qualified third person; and

3) The free consent of the man and woman, expressed at the ceremony.

Louisiana does not allow "common-law marriage." But, Louisiana may recognize "common-law marriages" or other marriages that are validly entered into in other states or countries.

When can I can file for divorce in Louisiana?

Generally, you can file for a divorce in Louisiana if you or your spouse has lived in Louisiana for at least 6 months.  But, you may file for a divorce before being separated for six months, in order to get spousal support, visitation, or custody, or the right to live in the marital home while the divorce is pending.

Where can I file for divorce in Louisiana?

You must file for divorce in the parish where either you or your spouse is living (legal residence or "domicile") or in the parish of where you last lived together with your spouse (last "matrimonial domicile").

Do I have to prove "fault" to get a divorce?

No. You don?t need "fault" to file for divorce in Louisiana. Generally, you can get a divorce by showing that you and your spouse have lived separate and apart (without getting back together or "reconciling") for at least 6 months.  But, if you made a "covenant" marriage, you must be separated longer.

You don't need to show fault, but if you want to, you can ask a court to give you a divorce based on the "fault" of your spouse which caused the break-up of the marriage. The grounds for a divorce on "fault" are adultery, cruelty or abandonment, a felony conviction, or habitual intemperance (often being drunk or using drugs).

Do I have to get a court order of legal separation in Louisiana before I get a divorce?

Not usually. If you have a "covenant" marriage, you must file for a legal separation before you can get a divorce. Most people don?t have covenant marriages.

It depends on the facts of your case, such as:

1) how long it will take to serve your spouse with the divorce, or 2) if your spouse will waive his right to be served with notice.

If there are no contested issues and your spouse agrees to waive service and other legal delays, you can get a final divorce judgment faster.

Can I get alimony in Louisiana?

Alimony in Louisiana is called "spousal support." There are two types of "spousal support:"

1) "Interim" spousal support.  This is based on your needs, the ability of your spouse to pay, and the standard of living enjoyed during the marriage.  Interim support ends 180 days after the divorce.

2) Permanent spousal support.  You can only get this if you were free from fault before filing for divorce. A judge will look at you and your spouse's needs, income, means, health and earning capacity; how long your marriage lasted; and other things.

These issues are not simple. So, you should talk with a lawyer about spousal support before you file for divorce. You may lose your right to get spousal support if you don't file for it in the time the law allows.

What happens to our property when we get a divorce?

Unless you entered into a valid separate property agreement before getting married, property that either of you got during the marriage is called community property.  This may include land, buildings, vehicles, bank accounts, military or civilian retirements or pensions, furniture, personal belongings and debts. A judge divides the community property after one of you files a petition for dividing ("partition of) the community property.

Separate property is anything owned by you or your spouse before the marriage or that either of you got after the marriage from inheritance or a personal cause of action. Separate property remains the property of you or your spouse.  But, if separate property is mixed in ("commingled") with community property, or gains value (is "enriched") from the use of either community property or the separate property of the other spouse, the court can consider a claim for reimbursement.

An action for partition of community is very complex.  Before you file for divorce, you should talk with a lawyer about time periods and other important issues about partition of community property.

Can I get part of my spouse?s military retirement or civilian pension?

Maybe.  For military retirement it generally depends on how long you were married. Military retirement or civilian pensions may be divided between spouses in an action to partition property. But, you need to discuss these issues with a lawyer before filing for a divorce. For a military pension, try to find a lawyer who regularly handles that kind of case.

Can the court order a change of name?

When a woman marries, she doesn't have to take her husband?s name. It is just custom that many women do this. After a woman gets divorced, she can start using her maiden name without a court order.

But, to avoid problems, you may want to ask the court to order a change of name in the divorce judgment. A certified copy of the final judgment of divorce might make it easier to restore your prior name on a driver?s license, social security card, or other document.

What can I do if my spouse is hurting or abusing me? Do I have to get a divorce to get some help?

Louisiana has laws that protect victims of family violence whether they are getting a divorce from their abusive partner or not. You can apply for a "protective order" to protect you and/or the children.  A women?s shelter, district attorney office, and/or Legal Services office can help you get a protective order.

To find the shelter nearest you and get information about the services they offer, call the national hotline for domestic violence at 1-800-799-SAFE (7233) or the Louisiana Domestic Violence hotline at 1-888-411-1333.

Can I represent myself in a divorce?

Yes. But, divorces can be complex.  So, get a lawyer if you can. This is even more true if there are custody, support, pension or property issues. You should definitely get a lawyer if you have a claim to your spouse?s military pension.