Divorce in Louisiana: Laws, Process, and What You Need to Know (2026)

Q: Is Louisiana a community property state?

Yes, Louisiana is a community property state. This means that assets and debts acquired during the marriage are generally presumed to be owned equally by both spouses and are divided 50/50 in a divorce. Separate property, such as assets owned before the marriage, gifts, and inheritances received by one spouse individually, typically remains with the original owner. Louisiana's community property system is rooted in its French civil law tradition, which distinguishes it from most other states.

Q: What is a covenant marriage in Louisiana?

Louisiana is one of only three states along with Arizona and Arkansas that offers covenant marriage, a legally distinct form of marriage with stricter requirements for both entering and exiting the union. Couples in a covenant marriage must undergo pre-marital counseling and agree to seek counseling before pursuing divorce. Grounds for divorce in a covenant marriage are more limited and include adultery, felony conviction, abandonment, physical or sexual abuse, and living separate and apart for a specified period one year without children, or two years with children. A standard no-fault divorce is not available for covenant marriages.

Introduction

Louisiana's legal system is rooted in French civil law rather than English common law, making its divorce process distinct from every other state. Louisiana is also one of three states offering covenant marriage, and it uses a community property system for dividing assets.

Louisiana is a community property state for property division purposes. For an overview of how this system works, see our guide to property division. Understanding how Louisiana handles divorce can help you prepare for what lies ahead and make informed decisions about your future.

Residency Requirements

To file for divorce in Louisiana, you must meet the state's residency requirements: 12 months residency in the state; or 6 months for military. This means at least one spouse must have lived in Louisiana for the required period before the court will accept a divorce filing. You will typically file in the county where either spouse resides.

Grounds for Divorce

Louisiana allows both no-fault and fault grounds for divorce. No-fault: living separate and apart for the required waiting period. Fault grounds include adultery, felony conviction, and abuse. While most divorces proceed on no-fault grounds, filing on fault grounds can sometimes affect alimony or property division outcomes.

Property Division

Louisiana follows the community property approach to dividing property in a divorce. Under community property rules, assets and debts acquired during the marriage are generally divided equally between the spouses. Separate property, such as gifts, inheritances, and assets owned before the marriage, typically remains with the original owner.

Property that either spouse owned before the marriage, as well as gifts and inheritances received individually, is generally considered separate property and is not subject to division. However, if separate property has been commingled with marital assets, it may lose its separate character.

Alimony and Spousal Support

The court considers several factors when determining alimony in Louisiana:

Needs of parties
Income and means
Financial obligations
Earning capacity
Age and health
Length of marriage
Tax consequences
Fault of parties

Louisiana distinguishes between interim periodic support (during proceedings) and final periodic support (after divorce). Support is limited to one-third of the obligor's net income.

For a comprehensive overview of alimony types and negotiation strategies, see our alimony and spousal support guide. The duration and amount of alimony depend heavily on the length of the marriage and the financial circumstances of both parties. Short-term marriages are less likely to result in long-term alimony awards.

Child Support

Louisiana uses the Income Shares model for calculating child support, based on combined adjusted gross income of both parents.

See our child support guide for a detailed explanation of calculation models and modification rules. Either parent can request a modification of child support if there is a substantial change in circumstances, such as a significant change in income, job loss, or a change in the child's needs.

Child Custody

Louisiana courts determine custody based on the best interests of the child standard. The court evaluates a range of factors including each parent's relationship with the child, the child's adjustment to home and community, the mental and physical health of all parties, and the willingness of each parent to foster a relationship between the child and the other parent.

Most states, including Louisiana, recognize both legal custody (decision-making authority regarding education, healthcare, and welfare) and physical custody (where the child lives). Both types can be awarded jointly or solely to one parent.

Mediation

Mediation is not required in Louisiana, though it is often encouraged.

Filing Fees and Costs

Filing fees for divorce in Louisiana typically range from $200-$400, though exact amounts vary by county. Additional costs may include:

Attorney fees (if you hire a lawyer)
Mediation or alternative dispute resolution fees
Process server or publication fees
Costs for financial experts or appraisers (in complex asset cases)
Court-mandated parenting class fees (if children are involved)

Uncontested divorces are generally significantly less expensive than contested cases.

Key Considerations

Waiting period: 180 days if children; 365 days if no-fault with no children (from date of separation)
Covenant marriage: Louisiana is one of only three states that offers covenant marriage, which has stricter requirements for divorce.
Community property state: Assets acquired during the marriage are generally presumed to be owned equally by both spouses.

If you and your spouse can agree on the major issues, including property division, support, and custody, an uncontested divorce will save you significant time and money. Even in contested cases, exploring mediation or collaborative divorce may lead to a better outcome than a courtroom battle.

Frequently Asked Questions About Louisiana Divorce

Is Louisiana a community property state?

Yes, Louisiana is a community property state. This means that assets and debts acquired during the marriage are generally presumed to be owned equally by both spouses and are divided 50/50 in a divorce. Separate property, such as assets owned before the marriage, gifts, and inheritances received by one spouse individually, typically remains with the original owner. Louisiana's community property system is rooted in its French civil law tradition, which distinguishes it from most other states.

How is property divided in a Louisiana divorce?

Under Louisiana's community property system, marital assets and debts are generally divided equally between the spouses. The community property regime begins at the time of marriage and ends when a spouse files for divorce or a judgment of separation of property is entered. Each spouse retains their separate property. If separate property has been commingled with community property, tracing may be required to determine each spouse's share.

How long does a divorce take in Louisiana?

The timeline for a Louisiana divorce depends on several factors. For couples with minor children, there is a mandatory 365-day separation period for no-fault divorce. For couples without children, the required separation period is 180 days. If filed on fault grounds such as adultery or abuse, the divorce can proceed more quickly. After the separation period, an uncontested divorce can be finalized in a few weeks. Contested cases may take a year or more beyond the waiting period.

Can I get alimony in Louisiana?

Yes, Louisiana courts can award spousal support in two forms: interim periodic support (during divorce proceedings) and final periodic support (after the divorce is finalized). The court considers factors including the needs of each party, income and means, financial obligations, earning capacity, age, health, the length of the marriage, tax consequences, and fault. Final support is limited to one-third of the obligor's net income and is not available to a spouse who was at fault in the breakup.

What are the grounds for divorce in Louisiana?

Louisiana allows both no-fault and fault-based grounds for divorce. The no-fault ground requires living separate and apart for a specified period: 180 days for couples without minor children or 365 days for couples with minor children. Fault grounds include adultery, felony conviction with a sentence of imprisonment or hard labor, and physical or sexual abuse. Filing on fault grounds can allow a faster divorce and may affect spousal support eligibility.

What are the residency requirements for divorce in Louisiana?

To file for divorce in Louisiana, at least one spouse must have been domiciled in the state for at least 12 months prior to filing. Military personnel stationed in Louisiana for at least six months may also qualify. The petition is filed in the parish (Louisiana's equivalent of a county) where either spouse is domiciled.

How much does a divorce cost in Louisiana?

Filing fees for a Louisiana divorce typically range from $200 to $400, depending on the parish. An uncontested divorce where both spouses agree on all terms can cost under $1,000 if handled without attorneys. Contested divorces with attorney representation typically cost $5,000 to $25,000 or more per spouse, particularly when complex community property division, custody disputes, or fault-based claims are involved.

What is a covenant marriage in Louisiana?

Louisiana is one of only three states (along with Arizona and Arkansas) that offers covenant marriage, a legally distinct form of marriage with stricter requirements for both entering and exiting the union. Couples in a covenant marriage must undergo pre-marital counseling and agree to seek counseling before pursuing divorce. Grounds for divorce in a covenant marriage are more limited and include adultery, felony conviction, abandonment, physical or sexual abuse, and living separate and apart for a specified period (one year without children, or two years with children). A standard no-fault divorce is not available for covenant marriages.

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