3.1 Grounds for Divorce

Articles 102 and 103 of the Louisiana Civil Code provide the grounds for no-fault and fault-based divorces in Louisiana. La. R.S. 9:307 provides the exclusive grounds for divorce in covenant marriages.1

Most divorce suits ask for a “no-fault” divorce based on the length of the spouses’ physical separation.2 Generally, the required separation period is 365 days if there are minor children of the marriage. If there are no minor children of the marriage, the required separation period is only 180 days.3 These time periods do not apply to a covenant marriage.

In Louisiana, there are four fault-based grounds that do not require a period of physical separation. These are found in La. C.C. art. 103(2)–(5):

(2) The other spouse has committed adultery.

(3) The other spouse has committed a felony and has been sentenced to death or imprisonment at hard labor.

(4) During the marriage, the other spouse physically or sexually abused the spouse seeking divorce or a child of one of the spouses, regardless of whether the other spouse was prosecuted for the act of abuse.

(5) After a contradictory hearing or consent decree, a protective order or an injunction was issued during the marriage against the other spouse to protect the spouse seeking the divorce or a child of one of the spouses from abuse.4

• 1For a more complete discussion of covenant marriage, see Section 3.10.1.
• 2La. C.C. arts. 102, 103(1).
• 3La. C.C. art. 103.1.
• 4La. C.C. art. 103.