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

Asked on October 31, 2015 under Family Law, Louisiana

Answers:

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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.