Divorce in Louisiana

The Difference Between No-Fault and Fault

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Divorce can be one of the most challenging experiences a person goes through, and at Seale & Ross, we understand the emotional toll it takes. In Louisiana, there are two types of divorces: fault and no-fault. In a fault divorce, one spouse did something wrong that caused the marriage to fail. On the other hand, a no-fault divorce means neither party necessarily did anything wrong; the marriage simply failed on its own. Our Family Law attorneys have over two decades of experience litigating all aspects of family law across Louisiana, including parishes like Tangipahoa, St. Tammany, Livingston, Jefferson, Orleans, St. Bernard and beyond. We approach each case with a blend of legal expertise and compassion, guiding you through the process from start to finish. Whether you’re considering a no-fault or fault divorce, we are committed to ensuring you feel supported and confident as you navigate this difficult time.

No-Fault Divorce in Louisiana

In Louisiana, a no-fault divorce is one in which neither spouse is required to prove that the other did anything wrong to cause the marriage to fail. This option is often chosen when both parties agree that the marriage has irretrievably broken down, and there is no need to assign blame.

The most common ground for a no-fault divorce in Louisiana is living separately for a specified period. For couples without minor children, the separation period is generally 180 days, while couples with minor children must live apart for at least 365 days before filing for divorce. This is called a Louisiana Civil Code Article 102, which is file and wait the 365/180 days. Parties can wait to file after they have lived separate and apart for 365/180 days, which is a Louisiana Civil Code Article 103(1) divorce.

At Seale & Ross, our team takes a holistic approach, ensuring that while the process is as smooth as possible, your rights are protected every step of the way.

Fault Divorce in Louisiana

On the other hand, a fault divorce occurs when one spouse claims the other is responsible for the breakdown of the marriage due to certain actions. In Louisiana, fault-based grounds for divorce include:

Adultery
Conviction of a felony and sentencing to hard labor or death
Physical or sexual abuse against the spouse or a child of the spouse
Habitual intemperance (substance abuse) or cruel treatment rendering living together insupportable

Fault divorces are more complex because they require the spouse seeking the divorce to prove the grounds for fault in court. Evidence must be presented, and the accused spouse has the right to defend themselves against the claims. While this process can be emotionally draining and lengthier, some individuals choose fault-based divorces to gain an advantage in ancillary matters like spousal support or child custody.

At Seale & Ross, we recognize that fault-based divorce often comes with significant personal challenges. Our attorneys provide exemplary legal services while remaining compassionate to the circumstances at hand. We will fight vigorously for your rights, ensuring you have the strongest case possible as you move toward a fresh start.

Which Option is Right for You?

Choosing between a no-fault and fault divorce depends on your unique circumstances. If your spouse’s behavior has caused significant harm, pursuing a fault divorce may be the best course of action.

At Seale & Ross, we take the time to understand the specifics of your case and work with you to determine the best path forward. Whether you’re seeking a straightforward no-fault divorce or need strong representation for a fault-based case, our attorneys will provide the sound legal advice and guidance you need during this critical time.

About the Author

Georgia K. Thomas hails from the small town of Bay Minette in Baldwin County, Alabama. She graduated summa cum laude with a B.S. in Political Science from William Carey College in Hattiesburg, Mississippi. She earned her juris doctorate in May, 2000 from Loyola University School of Law. Thomas brought her eleven years of practice in the New Orleans area to SEALE & ROSS in June, 2011. Seale & Ross, PLC has offices in Hammond, LA and Madisonville, LA.