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Last Modified on Sep 21, 2025
Once a couple decides they want to divorce, the next step can be more difficult. The legal process of a divorce can take a considerable amount of time. Knowing how to file for a divorce in Louisiana can at least help you take care of all the requirements to make the process more efficient.
Experienced Divorce Attorneys in Louisiana
For some, professional assistance is necessary to navigate the divorce process. The Law Office of Joshua S. Guillory can help guide you through the necessary steps and provide guidance on how to proceed. This can help alleviate some pressure in your situation. Knowing that a divorce attorney is available to support you and your needs can be important during such a challenging time.
The Divorce Process
Filing for a divorce is not just a simple action. Sometimes this can be a drawn-out process that takes multiple steps. There are exceptions, but here is the general process for filing for divorce:
- Review residency requirements: Louisiana requires at least one person involved in the divorce to live within the state for at least six months before filing for divorce. This must be proven with documents that show your residency, such as lease agreements or mortgage statements.
- Live separately: Depending on the type of divorce you are filing, you might have to live separately from your partner before starting. Other types of divorce allow you to live separately after the petition is filed. Speak with an attorney to be sure about what documents to file for your situation.
- File the paperwork: There is an official petition for divorce that must be filed with the court. The form itself varies based on whether or not the spouses have children. This form has to be filed with the court in a parish where at least one spouse lives. After it is filed with the court, the papers have to be officially served to the other spouse to make sure they receive them.
- Receive a judgment: If the court does not see any errors with the paperwork and there are no other obstacles, they can issue a Judgment of Divorce. If there are issues, they might require you to complete additional paperwork before issuing a judgment.
- Work out additional details: The divorce process is only about the marriage itself. Things like the division of property, child support, and custody are separate issues. They take separate court interactions to resolve, in addition to the divorce proceedings. If spouses work together, they might be able to resolve these issues without further court intervention.
In 2022, the national divorce rate in the United States was 7.1 per 1,000 women. An attorney who is experienced in divorce cases can be a valuable asset during this time.
Fault-Based Divorce
Fault-based divorce is less common than no-fault divorce. This is because the spouse initiating the divorce has to have a provable reason to get a divorce. There are only a few legally valid reasons, like prison, adultery, or abuse.
Some reasons are more difficult to prove than others. For example, proving abuse or assault might be difficult. In the end, the court is the one that ultimately decides whether your reason is worthy enough to be considered for a fault-based divorce. Those who qualify for fault-based divorces do not have to go through the separation period that other spouses do.
Why Hire a Divorce Lawyer?
Regardless of the type of divorce you are seeking, an attorney can help. In the event of a no-fault divorce, they can review the requirements with you to make sure you do what is needed before requesting a judgment. If you are seeking a fault-based divorce, an attorney can help you prove that your spouse did something that warrants the termination of the marriage.
Why Choose Us?
It’s normal to feel like you can’t handle the legalities of a divorce on your own. In these instances, The Law Office of Joshua S. Guillory can help. We have worked with many families going through divorce and custody issues, and have the experience to handle these sensitive topics under Louisiana divorce laws. Let us work with you individually to develop a plan that meets your needs.
FAQs
What Are the Ways to Get Divorced in Louisiana?
The ways to get divorced in Louisiana include a fault-based divorce and a no-fault divorce. There are a limited number of reasons for a fault-based divorce, so only certain people qualify for this. A no-fault divorce has different requirements, namely, having to live separately from your spouse for a certain period of time before filing.
Can I File for Divorce if My Spouse Does Not Want to Get Divorced in Louisiana?
Yes, you can file for divorce if your spouse does not want to get divorced in Louisiana. If you have lived separately from your partner for the required amount of time, you can file for a no-fault divorce regardless of the reason. When you hire a divorce lawyer, they can help you work through the details of this process and assist in making it as seamless as possible.
How Do I Get Divorced in a Common Law Marriage in Louisiana?
To get divorced in a common law marriage in Louisiana, you first have to figure out whether the state legally recognizes your marriage. Louisiana does not recognize common law marriage within the state, but it might recognize it if it took place in a state where common law marriage is legally recognized. Speak with an attorney for more information about common law divorces.
Can I File My Own Divorce in Louisiana?
You can file your own divorce in Louisiana, but it might not go as smoothly as you hoped. Filling out online templates does not capture your situation on an individual level. This can lead to problems in the future, as well as extra money and time spent resolving the issues once the paperwork has been filed.
Let Us Help You
In 2023, the divorce rate was 0.9 per 1,000 people in Louisiana. This is up just slightly from 0.7 in 2022. Even though the state has seen low rates of divorce, those who are going through one still deserve to be heard. Schedule a consultation with The Law Office of Joshua S. Guillory to find help to finalize your divorce.
