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What is the difference between a 102 divorce and a 103 divorce?

On Behalf of | Apr 11, 2022 | Divorce

If a couple in Louisiana wants to end their marriage, they will want to know all their options for doing so. Louisiana recognizes two types of divorce: a 102 divorce a 103 divorce. The following is a basic overview of these two divorce options.

What is a 102 divorce?

A 102 divorce is a “no-fault” divorce. This means that there does not need to be any specific fault leading to the divorce. Simple incompatibility or a desire to end the marriage will suffice. A couple can be granted a 102 divorce if they have lived separate and apart for 180 days if there are no minor children or 365 days if they have minor children.

What is a 103 divorce?

A 103 divorce is an “at-fault” divorce. Some types of fault include adultery, the commission of a felony leading to a death sentence or hard labor, physical or sexual abuse of either the other spouse or a child or a protective order or injunction has been issued. The couple also must live separate and apart for 180 days if there are no minor children or 365 days if they have minor children.

Know your options

As this shows, divorcing couples have options in their divorce depending on what grounds they are filing under. A 102 divorce is a no-fault divorce while a 103 divorce is fault based. Still, both types of divorce allow a couple to end their marriage so they can move forward as single individuals.