By Davi Clement
Louisiana law requires spouses to live separately and apart for a specific amount of time before
getting a judgment of divorce. If the spouses have minor children born of the marriage, the law requires
living separate and apart for 365 days. If the spouses do not have minor children together, the law only
requires a period of 180 days.
If spouses are still living together, or have not lived separate and apart for the requisite amount
of time, they would need to file a Petition for Divorce Pursuant to Louisiana Civil Code Article 102. This
means that either the 365 or 180 days of living separate and apartment has not been met. Starting from
the day the petition for divorce is filed, the couple must live separate and apart for the requisite time
period before obtaining the judgment of divorce. This judgment is what makes the divorce final.
However, if the couples have already lived separate and apart for the requisite amount of time,
they could file a Petition for Divorce Pursuant to Louisiana Civil Code Article 103. This simply means that
the time requirement has already been met, and they can obtain a judgment of divorce almost
immediately after filing the petition.
In both types of divorce, whether 102 or 103, incidental issues such as child support, child
custody and spousal support can and should be addressed. The main difference in the two petitions is
the time it takes to receive that final judgment of divorce.
Davi Clement at Dufresne Law Firm is very familiar with the divorce process, and she makes sure
her clients know all of their options before filing for divorce. If you believe a divorce is what is best for
you, or have questions about filing for divorce, call Davi to schedule a consultation.
