Louisiana Divorce & Family Law Attorneys

Louisiana doesn't just have different divorce rules — it has a different legal system. This is the only civil-law state in the country, and family cases run on the Louisiana Civil Code: an Article 102 or Article 103 divorce, a mandatory 180 or 365 days of living separate and apart for no-fault, a community property regime that presumes everything acquired during the marriage is owned 50/50, and a fault rule that can strip a spouse of final support entirely. Advice that works in Texas or Mississippi will get you hurt here. Whether you're in a New Orleans, Baton Rouge, Shreveport, or Lafayette parish courthouse, DearLegal matches you — free — with a Louisiana attorney who works the Civil Code every day.

It mostly comes down to whether the separation clock has already run. If you and your spouse have already lived separate and apart for 180 days (365 with minor children), Article 103(1) lets you file and finish quickly. If you're still under the same roof or just separated, Article 102 lets you file now and serve your spouse, then come back for the divorce once the 180/365 days have elapsed. Filing the 102 petition matters for more than timing — it sets the framework for interim support, use of the family home, and custody while you wait, and it marks a key date for terminating the community property regime. This is the first strategic decision in every Louisiana divorce, and it's worth making with counsel.

Yes — fault. Article 103(2)–(5) allows an immediate divorce on proof of adultery, the other spouse's felony conviction with a sentence of death or hard labor, physical or sexual abuse, or a protective order issued against the other spouse. You have to actually prove the ground, which means evidence, not accusations. For everyone else, the separation period is mandatory, and Louisiana courts enforce it to the day.

In Louisiana, more than almost anywhere. A spouse seeking final periodic spousal support must be free from fault in the breakup of the marriage (La. Civ. Code arts. 111–112) — adultery, cruel treatment, and similar conduct can bar support completely, no matter how long the marriage lasted or how unequal the incomes are. Fault doesn't change the 50/50 community property split, but it can decide whether a dependent spouse receives anything after the divorce. Interim support during the proceedings (art. 113) is need-based and doesn't turn on fault. Final support, when awarded, is generally capped at one-third of the paying spouse's net income.

The presumption under art. 2336 is sweeping: property acquired during the marriage is community and gets partitioned equally — wages, the house, retirement contributions, the business you built. Separate property under arts. 2341–2342 is what you owned before the marriage, plus inheritances and donations made to you individually; but the fruits of separate property (rent, royalties, dividends) become community unless you reserved them by a recorded declaration. The hard fights are classification and reimbursement: a house bought before marriage but paid down with community wages, a separate business grown with marital effort, mineral and royalty interests straddling the line. Louisiana also lets couples alter the regime by matrimonial agreement (arts. 2325–2330) — though after the wedding, that generally requires court approval.

It changes the exit. Louisiana is one of only three states with covenant marriage (La. R.S. § 9:272 et seq.), and if you signed a covenant declaration, the easy no-fault routes narrow considerably — divorce generally requires proof of fault (adultery, felony, abuse, abandonment) or a substantially longer separation, plus the counseling you committed to. Many people don't remember whether they chose covenant marriage at the courthouse years ago. Check your marriage license before assuming Article 102 is available to you.

Legally risky on two fronts. First, you're still married until the judgment of divorce — a new sexual relationship is adultery, and adultery is fault that can bar you from final spousal support. Second, the flip side: getting back together with your spouse, even briefly, can constitute reconciliation under La. Civ. Code art. 104, which extinguishes the divorce action and resets the separation clock to zero. Plenty of Louisiana divorces have restarted from scratch over a weekend of reconciliation. Until the judgment is signed, conduct yourself like everything is evidence — because it is.

If the judge heard evidence and made a considered decree, very hard. Under Bergeron v. Bergeron, the parent seeking modification must show the present custody is so deleterious to the child as to justify the change, or prove by clear and convincing evidence that the benefit outweighs the harm of disruption — a far heavier burden than the ordinary material-change standard that applies to consent decrees. The practical lesson: treat the first custody trial as the one that counts. Child support is easier — modifications under La. R.S. § 9:315 require a material change in circumstances, and the Income Shares worksheet is recalculated with both parents' current gross incomes.

Why Do You Need a Family Law Attorney in Louisiana?

Start with the fork in the road: an Article 102 divorce means filing first and then living separate and apart for 180 days (no minor children) or 365 days (with minor children), while Article 103(1) means waiting out the same separation before you file at all. Which path you take affects timing, leverage, and when the community property regime terminates — and choosing wrong costs months. Then comes the property: under La. Civ. Code art. 2336, everything acquired during the marriage is presumptively community and partitioned equally, with classification fights over separate property (arts. 2341–2342), reimbursement claims, mineral interests, and family businesses. Fault still has teeth here — a spouse at fault in the breakup is barred from final periodic spousal support, and adultery or abuse under Article 103(2)–(5) can skip the waiting period altogether. Custody runs through the 12 factors of art. 134 with joint custody favored (art. 132), and once a court has made a considered custody decree, the Bergeron standard makes it brutally hard to change. None of this is intuitive, and the judge will hold a self-represented party to the same Code as the lawyers.

When Do You Need a Family Law Attorney in Louisiana?

Our network includes Louisiana family law attorneys who handle every kind of case, including:

Types of Family Law Cases in Louisiana

From the moment you connect with a Louisiana family law attorney, they go to work protecting your claim. The most common case types we handle:

Reconciling — even briefly — during the separation period, which can extinguish the divorce action under art. 104 and restart the 180/365-day clock

Starting a new relationship before the judgment: adultery is fault, and fault bars final spousal support

Treating Louisiana like a common-law state — the Civil Code, not out-of-state case law, controls, and terms like partition, filiation, and usufruct mean exactly what the Code says

Spending or moving community funds after separation without accounting for them — partition will surface every transaction, and concealment draws reimbursement claims and damages

Forgetting to check whether yours is a covenant marriage before planning a no-fault divorce

Filing custody claims in Louisiana when another state is the child's home state under the UCCJEA — the resulting order is unenforceable

Reconciling — even briefly — during the separation period, which can extinguish the divorce action under art. 104 and restart the 180/365-day clock

Starting a new relationship before the judgment: adultery is fault, and fault bars final spousal support

Treating Louisiana like a common-law state — the Civil Code, not out-of-state case law, controls, and terms like partition, filiation, and usufruct mean exactly what the Code says

Spending or moving community funds after separation without accounting for them — partition will surface every transaction, and concealment draws reimbursement claims and damages

Forgetting to check whether yours is a covenant marriage before planning a no-fault divorce

Filing custody claims in Louisiana when another state is the child's home state under the UCCJEA — the resulting order is unenforceable

Common Louisiana Family Law Mistakes

Even a small misstep can hurt your case. Here’s what to avoid:

How Much Do Louisiana Family Law Attorneys Cost?

Flat Fee

Most matters are billed as a flat fee per petition or filing — fee depends on case complexity.

Louisiana lawyers cannot take a divorce on contingency — Rule of Professional Conduct 1.5(d)(1) bars fees contingent on securing a divorce or on the amount of support or property recovered. Plan on hourly billing against a retainer for contested matters; flat fees are common for uncontested Article 103(1) divorces where the separation period has already run. Where one spouse controls the community income, Louisiana courts can level the field with interim support and fee awards, so a lack of cash on hand shouldn't stop you from talking to counsel.

What Can Your Louisiana Family Law Compensation Include?

Property Division

Equal partition of the community estate under La. Civ. Code art. 2336 et seq., with separate property (arts. 2341–2342) excluded and reimbursement claims accounted for between the spouses.

Spousal Support

Interim periodic support during the case (art. 113) and final periodic support afterward (art. 112) for a spouse free from fault — final support generally capped at one-third of the obligor's net income.

Child Support

Income Shares awards under La. R.S. § 9:315 et seq., prorating the schedule amount between parents with add-ons for health care and childcare.

Custody and Parenting Time

Joint custody with a domiciliary-parent designation in most cases (art. 132), allocated under the 12 best-interests factors of art. 134.

Attorney's Fees

Louisiana courts can award attorney's fees in domestic relations matters — including under La. R.S. § 9:375 — based on the parties' means and the conduct of the litigation.

Protective Relief

Domestic Abuse Assistance Act orders (La. R.S. § 46:2131) — ex parte relief and renewable orders after hearing — plus injunctions against alienating community property while the case is pending.

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DearLegal is a legal referral service, not a law firm. We connect individuals with licensed attorneys who can evaluate their case. Nothing on this page constitutes legal advice. Results vary based on individual circumstances.

Louisiana Divorce & Family Law Attorneys

Why Do You Need a Family Law Attorney in Louisiana?

When Do You Need a Family Law Attorney in Louisiana?

Types of Family Law Cases in Louisiana

Common Louisiana Family Law Mistakes

How Much Do Louisiana Family Law Attorneys Cost?

What Can Your Louisiana Family Law Compensation Include?

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