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Louisiana Uncontested Divorce Online  
  Before you start completing your uncontested divorce forms with us, please read all the requirements for Louisiana divorce. Make sure that your situation matches all the requirements. Louisiana Uncontested Divorce online  
 

Requirements for Louisiana Divorce

(LA Revised Statutes, Title 580) 		 
 

RESIDENCY REQUIREMENTS:

In order to file for divorce in Louisiana you need to meet certain jurisdictional requirements. These requirements are as follows: a filing spouse must be a resident of the state for at least 12 months prior to filing. (Louisiana Code of Civil Procedure - Article: 42)
 
(LA Code of Civil Procedure - Article: 42)

GROUNDS FOR DIVORCE:

Louisiana courts recognize both no-fault and fault based grounds for divorce:
  1. Adultery.
  2. Felony conviction.
  3. Abandonment for a period of at least 1 year.
  4. Physical or sexual abuse.
  5. Living separate and apart for at least 2 years.
  6. The spouses have been living separate and apart continuously without reconciliation for a period of one year from the date the judgment of separation from bed and board was signed.
  7. Living separate and apart for at least 180 days prior to filing.
(LA Code of Civil Procedure - Article: 103)

WHERE TO FILE :

The Dissolution of Marriage is typically filed in parish in which the filing spouse lives.
 
(LA Code of Civil Procedure - Article: 42) The initial document filed is a Petition for Divorce.

MEDIATION PROCEEDING:

Award of child custody is based on the best interest of the child. Joint custody is presumed to be in the best interest of the child. In LA, courts presume that child support is a continuous obligation of both parents, children are entitled to share in the current income of both parents, and children should not be the economic victims of divorce or out-of-wedlock birth.
 
The court will keep many factors in mind when making decisions regarding custody, including the relationship between parents and child, the child’s age and gender, the parent’s moral integrity and mental and physical health of all parties involved.
 
Among factors that the court will take into consideration deciding child custody are:
  1. The love, affection, and other emotional ties between each party and the child.
  2. The capacity and disposition of each party to give the child love, affection, and spiritual guidance and to continue the education and rearing of the child.
  3. The capacity and disposition of each party to provide the child with food, clothing, medical care, and other material needs.
  4. The length of time the child has lived in a stable, adequate environment, and the desirability of maintaining continuity of that environment.
  5. The permanence, as a family unit, of the existing or proposed custodial home or homes.
  6. The moral fitness of each party, insofar as it affects the welfare of the child.
  7. The mental and physical health of each party.
  8. The home, school, and community history of the child.
  9. The reasonable preference of the child, if the court deems the child to be of sufficient age to express a preference.
  10. The willingness and ability of each party to facilitate and encourage a close and continuing relationship between the child and the other party.
  11. The distance between the respective residences of the parties.
  12. The responsibility for the care and rearing of the child previously exercised by each party.

NAME RESTORATION:

A former name of the spouse may be restored upon a motion.
 
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