My friend moved to Louisiana after her separation and has 2 children. In a recent consultation she was told that 6 months determines residency but LA laws require 12 months of separation prior to divorce if you have children. Now online it seems to say 12 months alone is required for residency and can find nothing of time requirements when children are involved. Can anyone shed some light on this for us?
It takes a a full year to meet the residency requirments . Thoses requirements are separate from the grounds( fault or nofault ) needed to file for divorce .
There are four grounds upon which a divorce in Louisiana can be obtained.
Living separate and apart after filing of petition. Once a petition for divorce is filed, if the parties remain separate and apart without reconciliation, either spouse may ask the court for a divorce 180 days after the petition for divorce was served or a written waiver of service was filed in the record. The 180-day waiting period requirement cannot be waived. The action can be defeated if the parties reconcile _ resume living together with a mutual intent to resume the marriage at any time during the waiting period. Certain procedural formalities are required.
Living separate and apart before filing of petition. If the spouses have lived separate and apart, continuously and without reconciliation, for six months or more, either spouse may file a petition for divorce.
The other spouse commits adultery. Adultery on the part of the other spouse is grounds for an immediate divorce; there is no required waiting period. The burden of proof is on the party alleging the adultery and is very strict. Corroborative testimony is normally required and it must be proven that the other spouse engaged in sexual relations with another person.
Conviction of a felony. If the other spouse has committed a felony and has been sentenced to death or imprisonment at hard labor, a petition for divorce can be filed. The facts of conviction and sentencing are the only proof requirements; appeals and actual serving of the sentence are immaterial.
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