Historically, there were many ways for parting spouses to get a legal separation in Louisiana.  Today, unless you are married by the use of a covenant marriage, the use of legal separations have been discarded by the Louisiana Legislature.  Today, there is only the option of getting a divorce when couples part.

The grounds for divorce are very limited and the easiest way to get a one is through the use of one of the no-fault procedures.  One spouse does not need the permission of the other spouse to get a divorce.  A spouse desiring a no-fault divorce must simply follow certain procedures.  Regardless of the procedure involved,  the parties in a no-fault divorce must live separate and apart for no less than six months.

Other, at fault grounds for divorce consist of the defendant spouse having committed adultery or having been convicted of a felony and sentenced to hard labor.

Q. Can I get a judgment of separation from bed and board in Louisiana?

A. Louisiana had recognized the right of the parties to marriage to obtain a judicial separation until January 1st, 1991. Thereafter, only causes of action for divorce were recognized. Effective January 1st, 1998, Louisiana resurrected the separation from bed and board only for persons who have contracted a "covenant" marriage. To contract a covenant marriage, the parties must make a declaration to that effect before entering marriage. Still, there is no legal separation from bed and board for those who have not entered into a covenant marriage.

Q. What’s the difference between a "covenant" marriage and a "regular" marriage?

A. The parties to a covenant marriage are required to participate in pre-marital counseling and must sign an affidavit confirming that they have done so. They must also disclose everything that would adversely affect their decision to enter into marriage. The counseling and disclosure requirements are not required for regular marriage. The parties to a covenant marriage may sue for separation from bed and board or for divorce. However, counseling is also required and for those who have entered into a covenant marriage before filing for a divorce or separation from bed and board. The normal grounds and rules for divorce do not apply to a covenant marriage.

Q. What are the normal grounds for divorce in Louisiana?

 A. There are essentially four grounds for divorce in Louisiana. They are: 1) The commission of adultery by the spouse being sued for the divorce; 2) The conviction of a felony with a sentence of hard labor by the spouse being sued for divorce; 3) Living apart for six months before filing for a divorce; and, 4) Upon motion of either spouse after waiting 180 days after filing and service of a petition for divorce. The last two grounds are not based upon fault.

Q. I’m afraid that my spouse will harass or abuse me when I file for divorce. Is there anything I can do to help keep that from happening?

A. Domestic violence is an issue that is getting a lot of attention from the courts. The civil and criminal penalties for committing an act of domestic violence are sometimes very severe. If you are afraid that you spouse may harass or abuse you, please consult an attorney if you want to file a divorce. You may be entitled to an injunction, without bond, prohibiting the other spouse from harassing or abusing you. Violations of a court order may carry civil penalties and a criminal penalty of up to a $500 fine or up to 6 months in jail. You can also get an order to a local law enforcement agency to have someone a company used to the mayor told, to get personal property. If a divorce is not being filed, protection for victims of domestic violence is also available. Any court in the state Louisiana has jurisdiction to review proceedings when an adult seeks relief by filing as a " domestic abuse petition" alleging abuse by the defendant. In this petition for a protective order, you may seek use of personal property or of the family home, custody of children, Charles support or spousal support, and addition to protection from abuse harassment. Police a list of agencies with their telephone number which you make contact. All services provided to battered women and their children off free and confidential. 

Q. Does the name of a spouse change when he or she gets married or divorced?

 No, marriage does not change the name of either spouse. However, a married person of either or both spouses as a surname. If a spouse does use a name other than his or her given surname, don’t forget that the name should also be changed with the Social Security Administration.  In a divorce proceeding, the court may enter an order confirming the name of a married woman. The confirmation is limited to the name she was using at the time of marriage, or the name of her minor children, or her maiden name.