Louisiana permits divorce under two primary grounds: fault-based and no-fault. A no-fault divorce allows dissolution of marriage without proving wrongdoing by either spouse. In Louisiana, the primary no-fault ground requires living separate and apart continuously for a specified period before filing for divorce. For couples with no children, this period is 180 days. When children are involved, the separation period extends to 365 days. This separation demonstrates an irretrievable breakdown of the marriage, enabling legal separation.
The existence of no-fault divorce options provides a less adversarial path to ending a marriage. It reduces the need for spouses to publicly accuse each other of marital misconduct, such as adultery or abuse, which can escalate conflict and increase legal costs. The availability of this option can lead to more amicable settlements regarding property division, spousal support, and child custody arrangements. Furthermore, focusing on the factual separation period rather than assigning blame can streamline the divorce process, potentially leading to a quicker and less emotionally draining resolution for all parties involved.