A marriage may be invalid from the beginning. In rare cases, which this firm has handled, one or both of the “married” persons may be entitled to a judicial annulment of a marriage, a declaration by the court that the marriage, in the eyes of the law, never happened. In Louisiana, the overwhelming majority of marriages are ended by a divorce.
Louisiana is a “no-fault divorce” state. It is not necessary that a party prove that either party is at fault, and a divorce can be obtained so long as a party can prove that they have been living apart from their spouse. They have to be living separate and apart for 12 months if they have minor children; or 6 months if they don’t have children.
There are two ways that a party can obtain a no-fault divorce. One way is for the party to file for divorce and then wait out the 6 month or 12 month period before the divorce becomes final. The other way is to wait out the period and file for divorce after the period has expired. Which option is best depends upon the client’s circumstances. Questions regarding child custody, child support, spousal support, division of community property and others need to be taken into consideration, and the best option should only be selected after consultation with an attorney.
Louisiana law still allows a party to get an immediate divorce – on fault grounds – in cases where their spouse has been convicted of a felony and has been sentenced to death or imprisonment at hard labor. Finally, a party can also get an immediate divorce if he or she can prove that their spouse has committed adultery. Adultery is difficult and expensive to prove and the number of adultery cases has greatly declined over the years due to the availability of no-fault divorces.
Call our law firm today at 225-647-6644 or send an email to arrange a consultation at our Baton Rouge or Gonzales offices.