Louisiana Divorce Questions and Answers
By Kaitlin Mayeux Mahaffey, family law attorney · Published
Plain answers to what people ask most about an uncontested divorce in Louisiana: how long it takes, how long you must live apart, whether your spouse has to sign, court, cost and custody. If your question isn't here, call Kaitlin at (225) 229-4529.
Timing
How long does an uncontested divorce take in Louisiana?
If you have lived apart long enough and your spouse signs a waiver, as little as about 2 weeks. If you still need to wait out the time apart, longer. Our divorce timeline guide has the details.
How long do we have to live apart before a divorce?
180 days if you have no children under 18 together, or 365 days if you do, under La. C.C. art. 103.1. If you haven't lived apart that long yet, in some parishes Kaitlin can file now and you wait out the time after filing. Your intake checks which way fits you.
What if we get back together for a while?
Reconciling resets the clock. Under La. C.C. art. 104, the time apart generally has to start over.
I just moved to Louisiana. Can I file here?
You can file once you or your spouse is domiciled in Louisiana, meaning it's your real, settled home. Six months living in a parish creates a presumption that you're domiciled there, under La. C.C.P. art. 10.
Your spouse
Does my spouse have to sign anything?
No. If your spouse signs a waiver, the divorce goes faster. If they won't, the sheriff delivers the documents instead and the divorce still goes ahead, which adds some time.
Does my spouse need a lawyer?
Kaitlin represents you. Your spouse doesn't have to hire a lawyer to sign a waiver, but they can talk to one if they want.
Does signing the waiver mean my spouse agrees to everything?
No. The waiver is about the divorce itself. It doesn't divide property or decide spousal support, child support or custody. See what the waiver means for your spouse.
My spouse lives in another state or country. Can I still divorce here?
Yes, as long as one of you is domiciled in Louisiana. See divorce when your spouse lives out of state or abroad.
Court and cost
Do I have to go to court?
Most clients never do. In the rare case you need to, Kaitlin tells you well ahead of time and walks you through it.
How much does an uncontested divorce cost?
One flat fee, the same with or without children, with court costs included. A few situations add to it, like mailing documents to a spouse outside Louisiana. You get your exact total after you send your intake.
Can adultery or abuse make the divorce faster?
Louisiana allows a divorce without the waiting period on certain fault grounds, under La. C.C. art. 103, but they have to be proven. Call Kaitlin before you start.
What is a covenant marriage?
A special kind of marriage you would have chosen on purpose, usually with premarital counseling and a signed declaration. It has different divorce rules. Most marriages are not covenant marriages. If yours is, call Kaitlin before you start.
Children and property
Can we divorce if we have children?
Yes. With children under 18 you live apart 365 days instead of 180. Custody is set in its own judgment, which Kaitlin can prepare with your divorce or on its own. See custody without a divorce.
What if we don't agree on custody?
The divorce can still go ahead. Kaitlin calls you to talk about custody.
Can we divorce if the wife is pregnant?
Yes. The intake asks, and the petition says so.
Do we have to divide our property to get divorced?
No. The divorce ends the marriage but doesn't divide what you own together. Kaitlin can prepare a separate agreement for that. See community property basics and your home in a divorce.
Getting started
Can I do everything from my phone?
Yes. You answer the intake questions online, talk with Kaitlin by phone, and sign by video. Kaitlin files everything electronically.
What do I need to start?
Your spouse's address or last known address, the date and parish or county where you married, the date you stopped living together, and your children's names and birthdates. You can start without them and leave anything you don't know blank.
Does sending the intake make Mayeux Law my lawyer?
No. Mayeux Law represents you only after you hire the firm. Nothing on this site is legal advice.
Is my information safe?
Your answers go straight to Kaitlin and are used only for your case.
These answers are general information about Louisiana law, not legal advice. Every case is different, and only an attorney who knows your facts can advise you on your situation.