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Louisiana Family Laws

Louisiana is one of 9 community property states and one of only 3 states (with Arizona and Arkansas) offering covenant marriage. For traditional marriages, Louisiana provides both no-fault and fault-based divorce grounds. No-fault requires living apart for 180 days (no children) or 365 days (with minor children). The state uses an income shares model for child support. Louisiana is one of the few states with no minimum durational residency requirement — just domicile at time of filing.

Last verified: 2026-02-25

Statute of Limitations

180 days (no children) or 365 days (with children) separationLa. C.C. Arts. 102, 103, 103.1

Article 102 divorces require filing first, then living apart for the separation period. Article 103 divorces are available when the separation period has already been completed before filing. At least one spouse must be domiciled in Louisiana at time of filing — no minimum durational residency requirement.

Key Louisiana Statutes

No-Fault Divorce Separation PeriodsLa. C.C. Art. 103.1

Without minor children: 180-day separation. With minor children: 365-day separation. Fault-based grounds (adultery, felony conviction, abuse) may allow immediate divorce without a waiting period.

Covenant MarriageLa. R.S. 9:272-309

Louisiana was the first state to offer covenant marriage (1997). Requires premarital counseling and a declaration of intent. Divorce grounds are more restrictive: 2-year separation (vs. 180 days/365 days), or fault grounds including abuse, adultery, or felony conviction.

Community PropertyLa. C.C. Arts. 2338-2369

All property acquired during marriage through effort or skill of either spouse is community property. Separate property includes assets owned before marriage, gifts, and inheritances. The court divides community property equally if spouses cannot agree.

Child Custody (Best Interests)La. C.C. Art. 134

Custody determined by the best interests of the child. Factors include emotional ties with each parent, capacity to provide care, child's adjustment, physical and mental health, moral fitness, willingness to facilitate relationship with the other parent, and history of family violence.

Child Support (Income Shares)La. R.S. 9:315 et seq.

Louisiana uses the income shares model — both parents' incomes are combined and the obligation is split proportionally. Guideline results are presumed correct; deviations require specific findings.

Spousal SupportLa. C.C. Arts. 112-113

Interim support is available during proceedings based on need and ability to pay. Final periodic support considers length of marriage, financial situation, standard of living, earning capacity, age, health, and custodial obligations.

Official Sources

Not Legal Advice

This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in Louisiana.

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