If you and your spouse have decided to end your marriage, there may be a lot of finger-pointing when it comes to determining who is to blame for the demise of your relationship. The good news is that in states that allow no-fault divorce, like Louisiana, you do not need to prove that your spouse is at-fault to get divorced. You can file for no-fault divorce under Articles 102 and 103, depending on your situation.
Article 102 divorce
Under Article 102, spouses file for divorce, but then are required to live separately and apart, with no reconciliation, for a specified amount of time before the divorce is finalized. The length of separation should be as follows:
- 180 days for married couples without minor children together
- 365 days for married couples with minor children together
Once the time of separation has been completed, a “rule to show cause” must be filed to establish that the couple has adhered to the separate and apart living requirements.
Article 103 divorce
Under Article 103(1), spouses must have lived separately and apart for a minimum of 180 days prior to filing for divorce (365 days for couples with children together). Once this time requirement has been met, no additional waiting period is necessary for the divorce to be finalized.
Generally, Article 103 divorces are simpler and quicker than an Article 102 divorce. However, there are many things to consider when choosing which divorce is right for you. A family law attorney in Louisiana can help you make this decision and make sure you meet all the necessary requirements when filing your paperwork.