Most Louisiana residents who are in a covenant marriage never anticipated when they chose this type of marriage that they might one day be divorcing. After all, covenant marriage (which is an option couples can currently choose in only a few states) is intended to be not just a legal commitment but a lifelong spiritual commitment.
Spouses in a covenant marriage in Louisiana can divorce. However, for those divorcing in Louisiana under the laws governing covenant marriage and divorce, the process is not a short one. Further the law requires the spouse seeking a divorce to have one or more recognized “grounds.”
The process starts with separation
The first step towards ending a covenant marriage in Louisiana is legally recognized separation. To get that, the law requires that one spouse provide evidence that the other one has done at least one of the following:
- Committed adultery
- Been convicted of a felony
- Abandoned the “matrimonial domicile” for a minimum of a year
- Committed spousal or child abuse
- Engaged in “habitual intemperance” (substance abuse) or “excesses, cruel treatment, or outrages of the other spouse…[that make] living together unsupportable”
If a couple has lived apart continuously for at least two years, that’s also considered grounds for legal separation.
From separation to divorce
Rules regarding how long a couple must be legally separated (“separated from bed and board”) before a divorce can be granted vary based on factors like whether there are minor children and whether abuse was an issue. However, the minimum separation period before the separation is granted and the divorce can be granted is a year. Further, as part of the separation process, couples in a covenant marriage are required to participate in counseling unless there’s an accusation of spousal or child abuse.
Divorce is rarely quick or easy. Divorce from a covenant marriage can be an especially long and complex process. That’s why it’s important to get sound legal guidance as early as possible. If abuse is an issue, spouses can and should get protective orders and take any steps necessary for their safety and that of their loved ones as they move through the process.
