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The role of fault in a divorce in Louisiana

The decision to end a marriage can be very personal to a Baton Rouge resident. It may involve the gradual decline of affection and love between two partners, or it may involve a serious and abrupt breach of one's trust or confidence in the other. Depending upon the circumstances of a couple's marital situation, the partners may elect to use different bases for pursuing their divorce.

Louisiana residents may base their divorces on several fault grounds. These include adultery and criminal activity. If a person has undertaken an extramarital relationship their spouse may use adultery as the grounds on which to base the divorce proceedings. Additionally, a person's conviction of a felony charge may be used by their spouse as the means of terminating the marital relationship.

For individuals who do not have adultery or criminal conduct to use as fault grounds for divorce, Louisiana recognizes a no-fault option for ending marriages. Partners who do not want to remain married to their spouses may live separate from them for at least six months after filing their pleadings to end their marriages through the courts of the state. If after six months the partners are still living apart and desire to divorce, their legal matter may proceed.

Reconciliation during the six-month waiting period may stop a divorce from continuing to its fulfillment. However, before filing for divorce, readers of this blog are encouraged to seek their own legal help from attorneys who are familiar with their cases. There are additional legal requirements that individuals must meet in order to have their divorces heard and finalized in the civil courts of Louisiana.

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