What role does fault play in a Louisiana divorce?

On Behalf of | Jan 31, 2019 | Divorce |

Not every marriage ends because of a dramatic event in the lives of the parties. For some, time simply loosens the binds of love and support that held two people together. They may even agree that divorce is in both of their best interests and may work together peacefully to bring their marriage to an amicable end.

When the parties to a failing marriage want to end their relationship, they may elect to choose to divorce based on fault or based on the state’s no-fault option. To pursue a no-fault divorce in Louisiana the parties to a marriage must live separate and apart for at least six months (without minor children involved) or a full year (with minor children involved). Once they have successfully reached six months of separation they may pursue their divorce in the courts to receive their final decree.

There are several fault grounds on which the parties to a marriage may base their claims for ending their relationship: adultery, the conviction of a felony, and sexual or physical abuse. Carrying on a sexual relationship with someone outside of one’s marriage or committing a serious crime may give a person’s spouse the option to use fault as a way to end their marriage.

Many couples choose to use the state’s no-fault option because it does not require them to drag their marital problems out in front of the courts. They can choose to work together to get out of their marriages regardless of the causes that broke down their relationships. Whether a person believes that their divorce should be based on fault or the state’s no-fault option, they can benefit from discussing their divorce plans with a professional.


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