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Filing for Divorce, Fighting for Custody, or Scared at Home in Louisiana? Get Answers Tonight.

Maybe you just got served, maybe you're the one who can't stay another night, maybe you only need to know how the house gets split. Louisiana doesn't divorce, divide property, or set custody the way the other 49 states do — it runs on the Civil Code, a civil-law system no other state uses, and a clock is probably already ticking against you. Before you guess, call 1-844-690-0555. It's free, 24/7, and our AI assistant is trained on Louisiana's Civil Code and federal family law. You'll get clear legal information — not legal advice, and no attorney-client relationship — in minutes.

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Family Law in Louisiana — what to do right now

Pin down which clock you're on, because that decides everything. If you're in danger right now, call 911, then ask the district court for your parish for a domestic-abuse protective order under R.S. 46:2131 — a judge can sign an ex parte temporary restraining order the same day. If you're ending a marriage, know that Louisiana makes you live separate and apart for 180 days (no minor children) or 365 days (minor children of the marriage) before a divorce is granted, and any genuine reconciliation resets that clock to zero. If there was adultery, a felony sentence to death or hard labor, or physical or sexual abuse, you may be able to skip the wait entirely under Civil Code article 103. Not sure which path is yours? Call 1-844-690-0555 and our AI assistant will walk you through it free, in plain English.


The law in Louisiana: Family Law

Louisiana is the one state where family law isn't built on English common law at all — it lives in the Louisiana Civil Code, a civil-law (Napoleonic) system inherited from France and Spain, supplemented by Title 9, 'Civil Code-Ancillaries.' That's why the vocabulary is different here: you file a 'petition' and then a 'rule to show cause,' you ask for 'interim' or 'final periodic' support instead of 'alimony,' and you 'partition' a community estate instead of 'dividing marital property.' An answer copied from a national website or a relative in another state is often quietly wrong in Louisiana.

Divorce runs on two tracks. Under Civil Code article 102 you file first and then live separate and apart for the required period before the divorce is granted; under article 103(1) you file after the separation period has already run, with no further wait. Article 103 also opens an immediate door that skips the waiting period: adultery (103(2)), a felony conviction with a sentence of death or imprisonment at hard labor (103(3)), physical or sexual abuse of the petitioner or a child of one of the spouses (103(4)), or an existing protective order or injunction against the spouse to protect the petitioner or a child from abuse (103(5)). The separation period itself is fixed by article 103.1: 180 days with no minor children, 365 days with minor children of the marriage. Louisiana has no separation from bed and board for an ordinary marriage — only opt-in 'covenant' marriages have that remedy.

Property is where Louisiana truly diverges. It is a community-property state, not an equitable-distribution one: under Civil Code article 2336 each spouse owns a present, undivided one-half interest in the community. The judge isn't dividing assets by what feels 'fair' — the law starts from 50/50 ownership. When spouses can't agree, R.S. 9:2801 governs judicial partition through sworn detailed descriptive lists, valuation, allocation of assets and debts, and an equalizing payment. Separate property — what you owned before marriage, plus most inheritances and gifts — stays yours under article 2341. Final periodic spousal support is limited: under article 112 it goes only to a spouse in need who was free from fault, and the award generally can't exceed one-third of the obligor's net income — though that one-third cap does not apply, and a lump sum may be ordered, where the recipient or a child was the victim of the other spouse's domestic abuse.

Custody, child support and protective orders all sit in the district court for your parish — the same court that handles the divorce — with two exceptions: East Baton Rouge Parish has a dedicated statutory Family Court, and Orleans Parish routes domestic matters through the Civil District Court's Domestic Section. Custody turns on the best interest of the child under Civil Code article 134, which lists the factors a court weighs, with the history of family or domestic violence treated as the overriding consideration; article 132 sets a preference for joint custody absent agreement or clear-and-convincing proof otherwise. Child support follows the income-shares model in R.S. 9:315 et seq. Protective orders flow through R.S. 46:2131 and are entered in the statewide Louisiana Protective Order Registry; separately, the Department of Children & Family Services can administratively establish and enforce support through income assignment, license suspension and tax-refund interception.

Key Statutes (Louisiana Civil Code & Revised Statutes)

  • Civ. Code arts. 102 & 103 — the two divorce tracks (file-first vs. already-separated) plus the grounds that skip the wait: adultery, felony sentence to death or hard labor, abuse, existing protective order
  • Civ. Code art. 103.1 — separation periods: 180 days (no minor children) / 365 days (minor children of the marriage)
  • Civ. Code arts. 2334–2369 & R.S. 9:2801 — community property: undivided 1/2 each (art. 2336), separate property (art. 2341), judicial partition by detailed descriptive list
  • Civ. Code arts. 111–112 — spousal support: interim support during the case; final periodic support for a needy, free-from-fault spouse, generally capped at 1/3 of net income (cap lifted for domestic-abuse victims)
  • Civ. Code arts. 132–134 & R.S. 9:315 et seq. — joint-custody preference, best-interest factors, and income-shares child support

Courts & Agencies

  • Louisiana District Courts (by parish) — hear divorce, custody, support, partition and protective orders (e.g. Orleans Civil District Court; 19th JDC, East Baton Rouge; 15th JDC, Lafayette/Acadia/Vermilion; 1st JDC, Caddo/Shreveport)
  • East Baton Rouge Family Court & Orleans Parish CDC Domestic Section — the state's only dedicated domestic-matter benches
  • Hearing officers / domestic commissioners — hear family matters first in larger districts and make recommendations to the district judge
  • DCFS Child Support Enforcement Services — administrative establishment and enforcement (income assignment, license/passport suspension, tax-refund interception)
  • Louisiana Protective Order Registry (LPOR) — statewide registry under R.S. 46:2136.2 giving law enforcement and courts instant access to every active protective order

Penalties, Caps & Deadlines

  • Ex parte TRO: rule to show cause on the full protective order set within 21 days; defendant served within 24 hours (R.S. 46:2135)
  • Separation clock: 180 / 365 days of continuous living separate and apart — any genuine reconciliation resets it to zero
  • Final periodic support: generally capped at 1/3 of the obligor's net income, and only for a needy, free-from-fault spouse — but the cap is lifted (and a lump sum allowed) where the recipient or a child was a victim of the other spouse's domestic abuse (art. 112)
  • Violating a protective order (R.S. 14:79): first offense (no battery) up to $500 and/or 6 months; second up to $1,000 and 14 days–2 years; with a battery, 3 months–2 years and at least 30 days without probation, parole or suspension
  • Reimbursement claims between former spouses: prescribe 3 years from the date the community regime terminated (Civ. Code art. 2369)

Community Property Means the Judge Doesn't Ask What's 'Fair' — Half Is Already Yours

In almost every other state, a judge splits the marital estate 'equitably' — by what seems fair after weighing who earned more, who stayed home, who behaved badly. Louisiana doesn't work that way. As a community-property state, the law (Civ. Code art. 2336) treats you as already owning an undivided one-half of everything the community built during the marriage — the house, the accounts, the business, and the debts. The court's job is to confirm and partition that 50/50, often through an equalizing payment, not to reward or punish. People talk themselves out of assets they already half-own, or sign away a usufruct over the family home, because they assume Louisiana works like a TV courtroom. It doesn't. Before you concede anything, call 1-844-690-0555 for free information on what's actually community and what's separate.


Likely outcomes & penalties

Every case turns on its own facts, but Louisiana's Code and statutes set real, knowable ranges. Here's what typically governs the outcome.
Community property split
Default is a net 50/50 division of community assets and debts — each spouse owns an undivided half (Civ. Code art. 2336). The judge may order one spouse to make an equalizing payment rather than carving up each item. Separate property — pre-marriage assets, plus most inheritances and gifts (art. 2341) — stays with its owner.
Spousal support
Final periodic support goes only to a spouse in need who was free from fault, and is generally capped at one-third of the obligor's net income (art. 112) — but that cap is lifted, and a lump sum may be ordered, where the recipient or a child was a victim of the other spouse's domestic abuse. Interim support keeps up the marital standard of living during the case and ordinarily ends 180 days after the divorce judgment.
Child support
Set by the income-shares schedule in R.S. 9:315.19, proportional to each parent's share of combined adjusted gross income. Arrears accrue and are enforceable by income assignment, license and passport suspension, tax-refund interception, and contempt.
Protective-order violation
Under R.S. 14:79, a first violation (no battery) carries up to $500 and/or 6 months; a second up to $1,000 and 14 days–2 years; and a violation involving a battery up to $1,000 and 3 months–2 years, with at least 30 days served without probation, parole or suspension of sentence.

Mistakes to avoid

⚠️
Assuming you must already be separated before you can file — under Civil Code article 102 you file the petition first, and the 180- or 365-day clock runs from the date your spouse is served, so people lose months waiting to start instead of filing and starting the clock.
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Moving back in 'to try again' without understanding that a genuine reconciliation resets the separation clock to zero, forcing you to start the entire 180- or 365-day wait over.
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Treating Louisiana like an equitable-distribution state and bargaining away your half of the community — or forgetting that inheritances and pre-marriage assets are separate property you shouldn't be trading at all.
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Letting the divorce be finalized without a pending claim for final periodic support on the record — once the judgment of divorce is entered, the right to claim final support can be lost, and interim support ends about 180 days later anyway.
⚠️
Getting an ex parte protective-order TRO and then missing the rule to show cause that must be set within 21 days, which lets the TRO lapse and leaves you unprotected just as the abuser is most angry.

How it works

1
Call 1-844-690-0555 — free, 24/7. One free call, no income test, no web form, no waiting room. Whether it's 2 p.m. or 2 a.m., a frightened call about an abuser or a calm question about who keeps the house, you get straight through.
2
Talk to an AI assistant trained on the Louisiana Civil Code + federal family law. Explain your situation in your own words and get clear, specific information — which divorce track fits, how the 180/365-day rule applies to you, what counts as community vs. separate property, how custody and support are set. This is legal information, not legal advice, and it creates no attorney-client relationship.
3
Get matched with a Louisiana family law attorney if you want one. If your matter needs a lawyer, we can help you book a paid consultation with a Louisiana-licensed family law attorney — arranged through the call. No surprise fees, no obligation; you decide whether to take that step.

Free & low-cost Family Law help in Louisiana

If money is tight, Louisiana has genuine free and low-cost help for divorce, custody, support and domestic violence. These are real, verified organizations — start with whichever fits your parish and situation.

Free, 24/7, no income test and no qualifying questions. Call 1-844-690-0555 to speak with our AI assistant trained on the Louisiana Civil Code and federal family law for instant legal information (not legal advice), then optionally book a paid consultation with a Louisiana-licensed attorney.
The Louisiana Coalition Against Domestic Violence runs a statewide, free, confidential 24/7 hotline — 1-888-411-1333 — connecting you to parish shelters, advocates and safety planning if you're in danger or weighing a protective order.
Free civil legal aid for low-income residents across 22 southeast Louisiana parishes — divorce, custody, support, domestic violence, housing — with offices in New Orleans, Baton Rouge, Covington, Hammond, Harvey and Houma. Apply through the SLLS site or its intake line.
Non-profit law firm offering free civil legal aid — including family law, custody, divorce and domestic violence — across 42 parishes in south, central and north Louisiana, with offices in Lafayette, Alexandria, Lake Charles, Monroe, Natchitoches and Shreveport. Toll-free 1-866-275-2572 (1-866-ASK-ALSC).
Statewide self-help portal: plain-language guides, do-it-yourself divorce and custody packets, court forms, a legal navigator, and online intake routing low-income applicants to the right legal-aid program for their parish.
The Louisiana State Bar Association's public 'Find Legal Help' hub, including reduced-fee and Modest Means referrals for people over legal-aid income limits. Local bar associations run the panels; LSBA general line (800) 421-5722 / (504) 566-1600.
Local bar-run referral service for the East Baton Rouge / capital region, matching callers to a participating family law attorney — typically with a reduced-fee initial consultation. A good route once you know what kind of lawyer you need.

FAQ — Family Law in Louisiana

How long does it really take to get divorced in Louisiana?

There's a mandatory waiting period of living separate and apart: 180 days if you have no minor children, 365 days if you have minor children of the marriage (Civ. Code art. 103.1). Under article 102 you can file first and let the clock run from the date your spouse is served; under article 103 you file after it has already run. Grounds like adultery or abuse can skip the wait entirely. Call 1-844-690-0555 and our AI assistant will tell you which clock applies to you, free.

Do I have to be separated before I can file for divorce?

No — that's one of Louisiana's quirks. Under Civil Code article 102 you file the petition first, and then you and your spouse live separate and apart for the required period before the divorce is finalized, so the clock can run while your case is already moving. Many people lose months wrongly believing they must wait first. For free information on starting your case the fastest legal way, call 1-844-690-0555.

Can I get divorced immediately if my spouse cheated or abused me?

Often yes. Article 103 allows divorce without the 180/365-day wait for adultery (103(2)), a felony conviction with a sentence of death or hard labor (103(3)), physical or sexual abuse of you or a child of one of the spouses (103(4)), or where there's already a protective order or injunction against your spouse to protect you or a child from abuse (103(5)). Proof matters, and the right ground can affect support too. Call 1-844-690-0555 for free, specific information on whether you qualify.

Who gets the house in a Louisiana divorce?

Louisiana is a community-property state, so under Civil Code article 2336 you and your spouse each already own an undivided one-half of the community — including the home if it was acquired during the marriage. The court partitions that 50/50, sometimes through an equalizing payment, and one spouse may be granted a usufruct over the home while the other retains ownership. If the house was separate property (owned before marriage or inherited), different rules apply. Call 1-844-690-0555 to find out which is which.

How is property actually divided if we can't agree?

R.S. 9:2801 governs judicial partition: each spouse files a sworn detailed descriptive list of community assets and debts, the court values them, allocates items between you, and orders an equalizing payment so each side ends up with a net half. Separate property — pre-marriage assets, plus most inheritances and gifts under article 2341 — is excluded. It's detailed and easy to get wrong. For free information on what's community vs. separate in your case, call 1-844-690-0555.

How much spousal support can I get — or have to pay — in Louisiana?

Final periodic support goes only to a spouse in need who was free from fault, and is generally capped at one-third of the obligor's net income (Civ. Code art. 112). A spouse who committed domestic abuse generally can't receive it — and where the support-seeker or a child was the victim of domestic abuse, the one-third cap doesn't apply and a lump sum can be ordered. Interim support during the case keeps up the marital standard of living but ends about 180 days after the divorce judgment. You usually must claim final support before or at the divorce, or risk losing the right. Call 1-844-690-0555 for free information on your situation.

How does child custody get decided in Louisiana?

Custody turns on the best interest of the child under Civil Code article 134, which lists the factors the court weighs — with any history of family or domestic violence as the overriding consideration — and article 132 sets a preference for joint custody absent agreement or clear proof otherwise. Where family violence is proven, the Post-Separation Family Violence Relief Act (R.S. 9:361 et seq.) can restrict an abusive parent to supervised visitation. For free information on how the factors apply to your family, call 1-844-690-0555.

How is child support calculated in Louisiana?

Louisiana uses the income-shares model under R.S. 9:315 et seq. — both parents' incomes are combined, a basic support obligation is read from the statutory schedule (R.S. 9:315.19), and each parent pays their proportional share. Arrears are enforceable by income assignment, license and passport suspension, tax-refund interception and contempt, and DCFS can establish and enforce support separately from the court. Call 1-844-690-0555 for a free, plain-English walk-through of how the numbers work.

How do I get a protective order against an abusive partner in Louisiana?

You petition the district court for your parish under the Domestic Abuse Assistance Act (R.S. 46:2131 et seq.). A judge can sign an ex parte temporary restraining order the same day if you show immediate and present danger; your spouse or partner must be served within 24 hours, and a rule to show cause on the full protective order is set within 21 days, where you prove abuse by a preponderance of the evidence (R.S. 46:2135). Every order is entered in the statewide registry. If you're in immediate danger, call 911 — then call 1-844-690-0555 for free information on the process.

What happens if my ex violates a protective order?

Violating a protective order is a crime under R.S. 14:79. A first offense not involving a battery carries up to $500 and/or 6 months in jail; a second up to $1,000 and 14 days to 2 years; and a violation that involves a battery up to $1,000 and 3 months to 2 years, with at least 30 days served without probation, parole or suspension of sentence. Report any violation to police immediately. For free information on documenting and responding to a breach, call 1-844-690-0555.

How is a covenant marriage harder to get out of?

Louisiana is one of only three states (with Arizona and Arkansas) that offer an opt-in covenant marriage (R.S. 9:272 and 9:307), with mandatory pre-marital counseling and limited, exclusive divorce grounds — a no-fault covenant divorce requires two years of continuous living separate and apart, far longer than the ordinary 180/365-day rule. If you signed a covenant marriage and aren't sure what that means for you now, call 1-844-690-0555 for free information.

Is calling this line the same as hiring a lawyer?

No. We are not a law firm and not a public defender, and the call gives you legal information, not legal advice — it creates no attorney-client relationship. What you get is a clear, free, plain-English explanation of how Louisiana's Civil Code applies to your divorce, custody, support or protective-order question, available 24/7, and the option to be matched with a Louisiana-licensed family law attorney for a paid consultation if you decide you want one. Call 1-844-690-0555.


Louisiana Family Law Attorneys: Join Our Referral Network

Are you a Louisiana-licensed family law attorney handling divorce, community-property partition, custody, support or protective orders? We send searchers your way after our AI assistant has given them clear information and they've asked to speak with a real lawyer — so the people who reach you are informed and ready to act. No marketing fluff, no per-click waste; just qualified Louisiana clients from your parishes. Reach out to join the network and start receiving referrals.

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Reviewed by the Legal Hotline Editorial Team.

General legal information, not legal advice. We research every page from primary sources — legislation, the courts, and government legal-aid bodies — and check it for accuracy. Spotted something out of date? Tell us at admin@platfirm.ai.

A Clock Is Already Running on Your Case. Don't Guess — Call.

Whether you're staring at divorce papers, fighting for time with your kids, working out who keeps the house, or scared to spend another night at home, Louisiana's Civil Code moves on deadlines that don't wait for you to be ready. One free call gets you clear information grounded in Louisiana family law — not legal advice, and no attorney-client relationship — and, if you want, a paid consultation with a Louisiana-licensed attorney. Call 1-844-690-0555 now. It's free, 24/7, and it could be the most important call you make this week.

Free legal information. Not legal advice.

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