NO! In Louisiana we have “no fault” divorce. This means that once the petitioner (person who wants the divorce) submits proof to the court that they meet the statutory requirements of divorce, they are granted a divorce. The basic statutory requirements in Louisiana are venue (living in the proper parish and a state for the divorce) and living separate and apart for the statutory period of time before requesting a final divorce. (180 days if no children and 365 days with children). That’s it! While your spouse may seek to slow the process down, they cannot stop you from obtaining a divorce if you meet the statutory requirements. You do not have to prove adultery, cruelty, abandonment or anything else in Louisiana in order to be divorced. Of course, there are often ancillary issues in divorce that must be resolved (child support, child custody, spousal support and property), but they do not affect your ability to divorce your spouse.
Despite the streamlined process of divorce in Louisiana, many couples get caught up in the emotional drama and cause the divorce to take much longer and be much more expensive. We specialize in helping our clients make practical decisions that will move them into the next phase of their lives quickly and for a reasonable cost. After all, divorce may break your heart, but it shouldn’t break the bank.