In Louisiana, the laws differ slightly from those in the other 49 states. While they all use a common law system, our state’s legal system is based on the traditional civil laws of France and Spain.
This unique system is also applicable to divorces, which is why there are three main types of divorces. But which one is right for you?
Key differences between 102 and 103 divorces
In Louisiana, you can choose between a no-fault and fault divorce. A no-fault divorce allows a couple to divorce without needing to show that one spouse acted improperly. On the other hand, a fault-based divorce requires one spouse to prove that the other spouse’s actions caused the breakdown, such as:
- Adultery
- Domestic violence
- Felony conviction
- Abandonment
Additionally, Louisiana is one of three states that recognize covenant marriages, which makes it more difficult for couples to dissolve their union. The grounds for divorce are limited, and before filing, couples are required to undergo mandatory marital counseling.
Most couples choose the no-fault divorce. However, they then must choose between a 102 and a 103 divorce. Both require the couple to live separately for a specific period, but the two processes differ in critical ways.
A 102 divorce allows a spouse to file for divorce before the specified separation period has been completed. If the couple has minor children, they must wait 365 days before the divorce is finalized. Without minor children, that period is 180 days. Once the separation period is complete, the filing party needs to return to court to finalize the divorce.
If the spouses have already fulfilled the required separation period, they can file for a 103 divorce. The need for court proceedings has been eliminated, so a 103 divorce is usually quicker and less complicated than a 102 divorce. A 103 divorce is a better option for spouses with an amicable relationship; however, if there is a need to involve the courts for issues such as requesting temporary support, custody or visitation orders, the 102 divorce is more suitable.
Every situation is unique, which is why it’s essential to consult with a legal professional to discuss all your options. They can assess your case and help you choose the best path forward.