How long do you have to be separated before filing for divorce in Louisiana, if there are minor children involved?

Asked almost 5 years ago - Thibodaux, LA

There are three minor children. One of the parties is gay, the other one doesn't know. They are ready to move on and want to know long the waiting period is before a divorce can be filed.

Attorney answers (2)

  1. William Francis Henderson

    Contributor Level 13

    Answered . If there are minor children, the waiting period is 365 days separate and apart. There are two ways to do this. First, you can file at the beginning of the separation, wait 365 days, and then file final rule for divorce. Second, you can wait until the parties have been apart 365 days, file a petition for divorce, obtain service, wait the required number of days, request a default, wait 2 days and then confirm the default and obtain the judgment of divorce.

  2. Ronald E. Stutes


    Contributor Level 13

    Answered . Mr. Henderson's answer is correct. However, there are a couple of exceptions to the 365-day rule. There is no indication in your question that they pertain in your situation, but just for completeness, or if someone else is reading your question, here they are.

    In cases where there has been physical or sexual abuse of a spouse or a child of one of the spouses, or if a protective order or injunction has been issued to protect the spouse or child from abuse and is in effect at the time of filing, the waiting period is 180 days. The time periods are found in Louisiana Civil Code Article 103.1.

Related Topics

Legal separation and divorce

A legal separation and a divorce are different because a separation does not end the marriage. Spouses live apart and remain married.

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