What are the legal grounds for obtaining a divorce?

What are the legal grounds for obtaining a divorce?

A lawyer and divorcee review and sign legal paperworkGrounds for Divorce in Louisiana

Separation Grounds for Divorce

A couple may be granted a divorce based on separation grounds if they:

  • Do not have minor children and have lived separate and apart for 180 days
  • Have minor children and have lived separate and apart for 365 days.

“Separate and apart” means one spouse has lived separately from the other at a different address with the intention of ending the marriage.

Fault Grounds for Divorce

The judge may grant a fault-based divorce if the court finds that one spouse’s actions led to the unraveling of the marriage. Specific grounds must be met to be granted this type of divorce, so it’s absolutely in your best interest to consult with a divorce attorney in Lake Charles at The Johnson Firm.

Under Louisiana law, a spouse may seek a fault-based divorce if they can prove that the other spouse:

  • Committed adultery
  • Committed a felony and was sentenced to death or imprisonment at hard labor
  • Physically or sexually abused the spouse seeking the divorce or a child of either spouse
  • Protective order or injunction was issued during the marriage to protect the spouse seeking divorce or a child of either spouse from abuse

Louisiana law considers fault-based divorces as “immediate,” meaning there is no required waiting period before the court can issue the divorce. That’s helpful in situations where one spouse has been abused, neglected, or submitted to other dangerous circumstances by the other spouse.’

Grounds for Divorce from a Covenant Marriage

A covenant marriage is a union between spouses that is legally different from a traditional, non-covenant marriage. Louisiana, Arizona, and Arkansas are the only three states in the U.S. that allow for this type of marriage.

There are more requirements in a covenant marriage than in a traditional one. The spouses agree to seek marital counseling if problems occur, and they can only seek a divorce for very specific reasons:

  • Adultery
  • Felony conviction
  • Abandonment for one year or longer
  • Physical or sexual abuse of the spouse or child(ren)
  • The couple has lived separate and apart for at least two years without reconciliation
  • The couple has lived separate and apart for one year from the date on which they signed a legal separation and there is no hope of reconciliation

Legal Grounds for Divorce

This is one of the more complicated areas of divorce law. It may seem like a pain to work out the grounds for your divorce, but doing so could help exponentially if you want to have custody of your child.

Additionally, the court is unlikely to award spousal support to a spouse who committed adultery or abandoned the family.

No matter your unique circumstances, a Lake Charles family law attorney at The Johnson Firm will evaluate all details of your case and help you make the best possible decision for yourself and your child. Schedule a consultation today.

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Our attorneys will thoroughly examine every detail of your case and fight to resolve any discrepancies revealed. We have a passion for the truth and will challenge anyone who attempts to obscure it.