Louisiana Divorce Laws

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• Civil Code, Art. 102. Judgment of divorce; living separate and apart prior to rule
  Except in the case of a covenant marriage, a divorce shall be granted upon motion of a spouse when either spouse has filed a petition for divorce and upon proof that the requisite period of time, in accordance with Article 103.1, has elapsed from the service of the petition, or from the execution of written waiver of the service, and that the spouses have lived separate and apart continuously for at least the requisite period of time, in accordance with Article 103.1, prior to the filing of the rule to show cause.
• Civl Code, Art. 103. Judgment of divorce; other grounds
  Except in the case of a covenant marriage, a divorce shall be granted on the petition of a spouse upon proof that:
        (1) The spouses have been living separate and apart continuously for the requisite period of time, in accordance with Article 103.1, or more on the date the petition is filed;
        (2) The other spouse has committed adultery; or
        (3) The other spouse has committed a felony and has been sentenced to death or imprisonment at hard labor.
• Civil Code, Art. 2328. Contractual regime; matrimonial agreement. A matrimonial agreement is a contract establishing a regime of separation of property or modifying or terminating the legal regime. Spouses are free to establish by matrimonial agreement a regime of separation of property or modify the legal regime as provided by law. The provisions of the legal regime that have not been excluded or modified by agreement retain their force and effect.
• Civil Code, Art. 2329. Exclusion or modification of matrimonial regime. Spouses may enter into a matrimonial agreement that modifies or terminates a matrimonial regime during marriage only upon joint petition and a finding by the court that this serves their best interests and that they understand the governing principles and rules.  They may, however, subject themselves to the legal regime by a matrimonial agreement at any time without court approval. During the first year after moving into and acquiring a domicile in this state, spouses may enter into a matrimonial agreement without court approval.
• Civil Code, Art. 2331. Form of matrimonial agreement. A matrimonial agreement may be executed by the spouses before or during marriage. It shall be made by authentic act or by an act under private signature duly acknowledged by the spouses.
  
  Last Updated: 10-8-08