3.2.3 Intent to Be Divorced

When preparing a divorce case, many practitioners focus primarily on establishing the physical separation period and overlook the need to also establish an intent to be divorced. Letters or actions may constitute proof of intent. The “intent” may be questionable if the other spouse works offshore or is in a jail, the military, or a hospital. According to the Supreme Court,

[E]vidence that the parties have not resided under the same roof for the statutorily required period, without more, is not sufficient to obtain a divorce under the statute. . . [F]rom the point in time that a party evidences an intention to terminate the marital association, when coupled with actual physical separation, the statutorily required separation period begins to run.1

• 1Dunn v. Dunn, 53,665 (La. App. 2 Cir. 1/13/21), 309 So. 3d 969.