Louisiana Divorce

You can file for divorce in Louisiana if you or your spouse is “domiciled” in Louisiana when you start your case.¹ A person is “domiciled” in Louisiana if they have kept (“established and maintained”) a residence in the state for at least six months.² 

The divorce must be filed in a parish where:

• either spouse is domiciled; or
• you were most recently domiciled together as a couple.³

¹ La. Code Civ. Pro. Art. 10(A)(7)
² La. Code Civ. Pro. Art. 10(B)
³ La. Code Civ. Pro. Art. 3941(A)

Spousal support, also known as alimony, is financial support paid by or to your spouse. There are different types of spousal support. Interim periodic support is awarded during the legal process, and final periodic support is awarded at the end of the divorce. To enter an order for either type of support, the judge must believe that:

• you need the support; and
• you are not “at fault” for the divorce.¹

To grant final periodic support, the judge must also consider your spouse’s ability to pay.¹ However, the judge will assume that you should be granted final periodic support if:

• they believe that your spouse committed domestic abuse against you or any of the children; or
• you were granted a divorce based on one of the four fault-based grounds explained in What are the grounds for divorce in Louisiana?²

The judge has a few ways to figure out if your spouse committed domestic abuse. If your spouse was convicted of any crimes against you during the marriage, the judge will look at those convictions. If there aren’t any convictions, the judge can order an evaluation of both parties. The judge’s goal is to determine if there was abuse and, if so, what kind of abuse it was. The evaluation will be done by an independent licensed mental health professional who has experience in the field of domestic abuse. The mental health professional also can’t have any relationship with you, your spouse, or either of your lawyers.³

The judge must then decide how much support you will get and how long the support will last. To make this decision, the judge will consider all relevant factors, including:

1. your and your spouse’s income and finances;
2. the financial obligations you and your spouse have, including any interim support that is ordered or a final child support obligation;
3. how much you and your spouse are capable of earning, including whether having custody of children affects either one’s earning capacity;
4. the time you’ll need to get appropriate education, training, or employment;
5. your and your spouse’s health and age;
6. the length of your marriage;
7. the tax consequences for you and for your spouse; and
8. if your spouse committed domestic abuse against you or any of the children:
   • the effect of such abuse; and
   • the length of time that the abuse went on.⁴ 

Your interim or final periodic spousal support will end if:

• you or your spouse dies;
• you remarry; or
• if a judge decides that you live (“cohabitate”) with someone else in a way similar to a married couple.⁵

¹ La. Civ. Code Art. 111; 112(A)
² La. Civ. Code Art. 112(C)
³ La. Rev. Stat. § 9:327
⁴ La. Civ. Code Art. 112(B)
⁵ La. Civ. Code Art. 115

If you are a victim of domestic abuse who is covered under your spouse’s policy, you may be able to convert that insurance coverage to your own policy. First, you must get a judgment of divorce or legal separation. Then, to convert the coverage to your own individual policy, you should:

• within 30 days of receiving the notice of termination of the policy, notify the health insurance company that you want to convert your spouse’s policy into your own individual policy; and
• provide the health insurance company with a copy of the divorce decree or separation order.¹

The converted policy is supposed to provide the same benefits for you and your dependent children as your spouse’s policy did. This includes deductibles, coinsurance, and copayments.¹

¹ La. Rev. Stat. § 22:1078(C)

If the judge believes that there is family violence against you or your children, the judge is supposed to issue an injunction as part of the divorce. The injunction will be called an “abuse prevention order.” It will be entered into the Louisiana Protective Order Registry. It will order your spouse to do all of the following things:

• have no contact with you or your children, except for specifically defined situations. This may mean communication about the children’s education, health, and welfare, along with any other purpose you agree to;
• stay at least 50 yards away from you and your children, as well as your home, school, or workplace - unless you specifically agree they can be there;
• stay at least 50 feet away from your vehicle, except as needed for court-ordered visits or if your spouse lives or works near you.¹

The judge may also choose to prohibit your spouse from:

• physically or sexually abusing you or your children; or
• harassing you.²

If the injunction is violated, your spouse may be held in contempt of court. If you have children and your spouse violates the order, all court-ordered visitation with the children will stop.³

¹ La. Rev. Stat. §§ 9:366(A); 9:362(4), (5)
² La. Rev. Stat. §§ 9:372(A); 9:372.1
³ La. Rev. Stat. § 9:366(B)