Types Of Divorce In Louisiana
Article 102 Divorce
A divorce under Article 102 of the Louisiana Civil Code may be filed immediately, and after the parties have been separated for the requisite time, may be finalized by filing a rule to terminate.
If there are children of the marriage, the time to be separated after filing the divorce is one year.
If there are NO children of the marriage, the time to be separated after filing the divorce is six months.
Article 103 Divorce
A divorce under Article 103 of the Louisiana Civil Code is one that is filed after the parties have been separated for the requisite time. If there are children of the marriage, the time is one year, and if there are NO children of the marriage, six months. Under this article, a divorce may be granted if:
- 1.The other spouse is guilty of adultery;
- 2.The other spouse has been convicted of a felony and has been sentenced to death or imprisonment at hard labor.
Covenant Marriage
A covenant marriage is a marriage entered into by one male and one female who understand and agree that the marriage between them is a lifelong relationship. Louisiana Revised Statute 9:307 governs divorce when a covenant marriage has been entered into. A divorce, or separation from bed and board (which is available only in a covenant marriage), may be granted for the following reasons:
- 1.The other spouse has committed adultery;
- 2.The other spouse has committed a felony and is sentenced to death or imprisonment at hard labor;
- 3.The other spouse has abandoned the matrimonial domicile for a period of one year and refuses to return;
- 4.The other spouse has physically or sexually abused the spouse or children
- 5.The spouses have been living separate and apart for two years without reconciliation;
- 6.The spouses have been living separate and apart for one year after judgment of separation has been signed.
