Must I be separated a particular amount of time before I file for divorce?

Asked on October 31, 2015 under Family Law, Louisiana


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

My research suggests that in LA, living separate and apart is a condition for a no-fault divorce and must be continuous for the period required (i.e. 365 days if you have children of the marriage or 180 days if there are no children). Usually living seperate and apart is evidenced when 1 of the spousesmoves out of the marital home; however if this is not financially possible, 1 spouse can simply move into another room in the house.
If you have already been separated more than a year before you actually file for divorce, you can ask for something called a "103 divorce." This means that you have already been separated for a year.
For further state specific information, you can consult directly with an attorney in your area.

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