Filing For a Divorce

Louisiana law provides two statutes which direct when a divorce can be taken. Your attorney may refer to Louisiana Civil Code Article 102 or 103. Civil Code Article 102 requires the parties live separate and apart for at least 180 days after the filing of the original petition for divorce. An Article 103 divorce can be taken immediately under any
of the following conditions:

The spouses have been living separate and apart continuously for a period of six months or more on the date the petition is filed; The other spouse has commited adultery; or The other spouse has committed a felony and has been sentenced to death or imprisonment at hard labor.

When filing for a divorce, you will include any incidental matters that the Court also needs to address during the divorce proceedings. Depending on your circumstances, incidental matters may include child custody, child or spousal support, use and possession of a home, vehicle or other community property, or restraining orders prohibiting abuse or the sale or mortgage of community property.