Louisiana Divorce - Questions and Answers

Divorce in Louisiana can be a simple process, but that is not to say that there are not a handful of requirements which the spouses must observe before they can successfully be divorced. What follows are some examples of situations where the divorce laws in Louisiana are or are not clearly observed.

Let's say Tommy and Maxine have been married for four years. One day the two decided that they are going to get a divorce. Tommy remembers when his best friend Martin end her marriage a few years ago that there was some requirement that he live separate from his wife for a certain period of time (he vaguely remembers it was six months) before the divorce could be granted. The house that Tommy and Maxine share has a small spare bedroom on the downstairs floor, and so in an attempt to be in conformance with what he believes is the law, Tommy takes all of his things out of the master bedroom and sleeps in the spare bedroom for the next six months. Then Tommy and Maxine try and get the divorce.

Tommy and Maxine will likely be unsuccessful at this time getting a divorce to be completed. The reason is because a Louisiana family law attorney will likely say that the spouses must live "separate and apart" for one hundred and eighty days prior to the dissolution of the marriage. While Tommy was staying in the downstairs bedroom, this probably does not count for the family court. "Separate and apart," for the most part, does not mean different rooms in the same house; it generally means living entirely apart in a separate dwelling. Tommy should vacate the premises completely and then wait another six months.

Now let's say Tommy and Maxine are again married for four years, and then suddenly decide to get divorced. This time around let's also say that they have a child, Sam. Tommy remembers how living separate and apart means that he must move out completely, so he rents an apartment down the street and while Maxine and Sam stay in the family home. Six months pass by. Can Tommy and Maxine get divorced now?

Again the answer is probably not. This time it is for a different reason. The six month "separate and apart" requirement is reserved specifically for instances where the married couple does not have minor children of the marriage. In this example they do in fact have a child: Sam. When there is a child from the marriage, the separate and apart requirement changes from one hundred and eighty days to three hundred and sixty-five days. Thus, Tommy will have to wait an additional one hundred and eighty days before officially becoming divorced from Maxine.

Those are just two examples of how well-intentioned spouses trying to get divorced simply were unaware of the exact requirements of the legal endeavor which they were trying to achieve. In order to be most fully apprised of divorce laws, one should consult with a trained family law attorney.

The above is provided as general information on the law -- this is not legal advice. Please consult with an attorney for any legal questions. William H. Beaumont. New Orleans and Metairie, Louisiana.