In Louisiana, how long you have to be separated before divorce depends on whether you have minor children together and what kind of marriage you have. For a standard marriage, the wait is 180 continuous days of living apart if there are no minor children of the marriage, and 365 continuous days if there are. Covenant marriages require far longer separations, and a handful of fault-based grounds let a spouse skip the waiting period entirely.
The Two Waiting Periods
Louisiana Civil Code Article 103.1 sets the mandatory separation periods for a standard (non-covenant) marriage at 180 days with no minor children and 365 days when there are minor children of the marriage.1Justia. Louisiana Civil Code Art. 103.1 – Judgment of Divorce; Time Periods The periods apply whether or not both spouses agree to the divorce.
“Minor children” here means children of the marriage, not stepchildren or children from other relationships. Whether a child still qualifies as a minor is determined at the time the final procedural step is filed, not at the time you separated. So a couple whose youngest child turns 18 during a long separation may end up subject to the shorter period by the time they ask the court to finalize things.
When the Clock Starts: Article 102 vs. Article 103
Louisiana has two no-fault divorce procedures, and the difference between them controls when your separation time actually begins counting.
Article 102: File First, Then Wait
Under Article 102, one spouse files a Petition for Divorce before the required separation period is complete. The 180- or 365-day clock does not begin on the day someone moved out. It begins on the date the other spouse is formally served with the petition, or signs a written waiver of service.2Justia. Louisiana Civil Code Art. 102 – Judgment of Divorce; Living Separate and Apart Prior to Rule
This catches people off guard. You and your spouse may have been living in separate homes for months, but under Article 102 none of that pre-filing time counts. Only the days after service tick down the requirement.
Once enough time has run from the service date, the filing spouse submits a Rule to Show Cause asking the court to finalize the divorce, along with an affidavit confirming the couple has been living separately for the entire period and remains apart.3Justia. Louisiana Code of Civil Procedure Art. 3956 – Evidence of Entitlement to Divorce
Article 103: Wait First, Then File
Under Article 103, the spouses have already lived apart for the full 180 or 365 days before anyone files. Because the separation requirement is satisfied at the time of filing, the divorce can be finalized relatively quickly after that, with no additional waiting period left to run.4Justia. Louisiana Civil Code Art. 103 – Judgment of Divorce; Other Grounds
Article 103 fits couples whose separation is already well underway and who have not needed court-ordered support or custody while living apart. Article 102 fits couples who need to get court orders in place sooner. Either way, the 180- or 365-day total is the same; what differs is when those days are counted.
What Counts as Living Separate and Apart
Louisiana requires genuine physical separation into two different residences. Sleeping in separate bedrooms under the same roof does not meet the legal standard, even if the spouses lead entirely independent lives inside the home.
Physical separation alone also is not enough. At least one spouse must intend to end the marriage during the time apart. Time spent apart for work, military duty, or family obligations without any intent to divorce does not count toward the requirement.
The separation also has to be continuous. Breaks in the separation can reset the clock depending on the circumstances, and courts evaluate interruptions case by case.
How Reconciliation Resets the Clock
Reconciliation means resuming living together with the intent to stay married. If that happens during the separation period, the clock resets to zero and the full 180- or 365-day period starts over.5Louisiana State Legislature. Louisiana Code CC 103.1 – Judgment of Divorce; Time Periods
Not every contact resets things. Louisiana courts recognize that separated spouses may have occasional sexual contact or spend a night under the same roof without meaning to resume the marriage. Courts look at the overall picture, including whether the couple actually moved back in on a consistent basis and whether they presented themselves as a married couple again. A single encounter will usually not restart the clock. A pattern of cohabitation almost certainly will.
Skipping the Wait: Fault Grounds
A spouse can bypass the separation requirement entirely by proving certain misconduct by the other spouse. Under Article 103, a divorce may be granted immediately when the other spouse has:
- Committed adultery.
- Been convicted of a felony and sentenced to death or imprisonment at hard labor.
- Physically or sexually abused the spouse seeking the divorce or a child of either spouse, regardless of whether criminal charges were filed.
- Had a protective order or injunction issued against them during the marriage to protect the filing spouse or a child from abuse.
Fault-based divorces are harder to secure because the filing spouse carries the burden of proving the misconduct.4Justia. Louisiana Civil Code Art. 103 – Judgment of Divorce; Other Grounds An adultery claim usually needs corroborating evidence beyond the filing spouse’s own testimony. An abuse claim supported by an existing protective order is more straightforward because the order itself is strong evidence.
Covenant Marriages Have Longer Waits
Louisiana offers covenant marriages, which involve pre-marital counseling and a signed declaration accepting stricter divorce rules. If you entered a covenant marriage, the 180- and 365-day timelines do not apply.
Before filing, the spouse seeking a divorce from a covenant marriage must first attend counseling. The only exception is where the other spouse physically or sexually abused the filing spouse or a child.6Justia. Louisiana Revised Statutes 9:307 – Divorce or Separation From Bed and Board in a Covenant Marriage; Exclusive Grounds After counseling, divorce from a covenant marriage requires proof of one of the following:
- Adultery by the other spouse.
- Felony conviction with a sentence of death or imprisonment at hard labor.
- Abandonment for at least one year with a constant refusal to return.
- Physical or sexual abuse of the spouse or a child.
- Two years of living separate and apart continuously without reconciliation.
The two-year no-fault period is the longest separation requirement in Louisiana divorce law. If the couple first obtains a judgment of separation from bed and board, the required separation drops to one year in most cases, or one year and six months when there are minor children of the marriage.6Justia. Louisiana Revised Statutes 9:307 – Divorce or Separation From Bed and Board in a Covenant Marriage; Exclusive Grounds
Filing in Louisiana
At least one spouse must be domiciled in Louisiana to file. There is no minimum residency period of the kind many states impose. If you recently moved and can show domicile through evidence like a driver’s license, voter registration, lease, or home purchase, a Louisiana court has jurisdiction. Military members stationed at a Louisiana installation for at least six months who have lived in the parish for 90 days are treated as domiciled for divorce purposes.
Why Filing Sooner Can Matter
The waiting period is not legally empty time. A spouse who files under Article 102 can ask the court for interim orders on spousal support, child custody, and use of community property while the separation period runs. Interim spousal support considers the requesting spouse’s needs, the other spouse’s ability to pay, any child support obligations, and the marital standard of living, and it automatically ends 180 days after the divorce is finalized unless extended for good cause.7Louisiana State Legislature. Louisiana Code CC 113 – Interim Spousal Support
Filing also fixes the community property cutoff. Louisiana is a community property state, and the community regime terminates retroactively to the date the divorce petition was filed, not the date of the final judgment.8Justia. Louisiana Civil Code Art. 159 – Effect of Divorce Earnings and acquisitions after the filing date become separate property. For a couple facing a 180- or 365-day wait, the filing date often has more financial weight than the final judgment date.