Once upon a time, you might’ve needed an actual act of the legislature to call it quits! Today, Louisiana’s divorce process still has its unique quirks, but it’s come a long way from its colonial roots. Let’s take a lively stroll through the centuries to see how we got here.
Colonial Roots & 19th Century: A Tough Crowd for Divorce
French & Spanish Influences
Early Louisiana law took shape under French and Spanish rule—both heavily influenced by Catholic doctrine. Under French colonial law (pre-1769), divorce was basically off the table. The best you could do was a private separation, but you were still married in the eyes of the law and the church.
Then came the Spanish (1769–1803), who allowed “legal separation” in extreme cases (think adultery or severe cruelty), but again, no remarriage was possible. In short, whether under French or Spanish control, you were usually stuck in your marriage for life—like it or not.
Early American Territorial Period
After the Louisiana Purchase (1803), things stayed strict. Absolute divorce (allowing remarriage) simply didn’t exist without a special legislative act. If your marriage was a disaster, you literally had to petition the territorial legislature to grant you a one-off divorce by passing a law just for you. Talk about red tape!
By 1827, Louisiana finally enacted its first general divorce law, opening the doors for a fault-based approach—adultery, cruelty, abandonment, and so on. But the process was still a slog. Usually, you had to get a legal separation first, then live apart for up to two years before you could seal the deal with an absolute divorce.
Fun Fact: In the mid-1800s, only the “innocent spouse” (the one who proved the other’s fault) could file for that final divorce. If you were the “bad guy,” you might be stuck in an unhappy marriage indefinitely—unless the innocent spouse graciously decided to finalize it.
Over time, lawmakers shortened some waiting periods (from two years down to one in 1857) and eventually (in 1898) allowed the at-fault spouse to request a divorce after two years of separation. Progress was slow, but at least nobody was trapped forever.
Major 20th Century Shifts: Hello, No-Fault
Early Bird No-Fault (1916)
Here’s a shocker: Louisiana beat most states to the punch by introducing a form of no-fault divorce way back in 1916. If spouses had lived apart for seven years, they could end the marriage—no adultery or cruelty required. Seven years is a long time, but that was radical for its day. Over the next few decades, that mandatory separation for no-fault got whittled down to four years, then two.
Mid-Century Modern
By the 1950s and ’60s, Louisiana continued streamlining. People could get a legal separation without proving anyone’s misbehavior, and eventually that separation step became simpler and faster. By the late 1970s, the post-separation wait for a divorce dropped to just one year. Meanwhile, some of the older fault grounds (like chronic drunkenness or “habitual intemperance”) faded away. By 1980, only adultery and a serious felony conviction remained as “immediate” fault grounds to skip any waiting period.
The 1990 Overhaul: Bye-Bye, Mandatory Separation
A real game-changer hit in 1990: the state ditched the centuries-old requirement that you must first get a legal separation before filing for divorce. Now, you could file for divorce and run out the clock on the waiting period within that single lawsuit. For many couples, that waiting period was just six months. This streamlined approach made everything more straightforward—no more two-step shuffle in different court proceedings.
Modern Twist: Covenant Marriage & Domestic Violence Exceptions
Covenant Marriage—More Commitment, More Hoops
In 1997, Louisiana became the first state to roll out Covenant Marriage, an “extra-commitment” option for couples who want a higher bar to exit if problems arise. Covenant Marriage requires premarital counseling and limits your grounds for divorce. If you want out for no-fault reasons, plan on living apart for two full years, or going through an official “legal separation” period first.
Heads Up: If you’re not sure you’d ever want a harder route to divorce, think carefully before signing up for Covenant Marriage. Regular marriage in Louisiana already has a workable process—Covenant Marriage just cranks up the difficulty level.
Protecting Victims of Domestic Violence (2014 & On)
In 2014, Louisiana updated its laws to allow immediate divorce (no waiting) if you’re a victim of domestic abuse or if you have a protective order against your spouse. Lawmakers realized that forcing survivors to wait months (or years) made a tough situation even more dangerous. This compassionate exception recognizes that your safety and your children’s well-being come first.
A Note for Parents: If you have minor kids, the typical no-fault waiting period is one year (instead of six months). But if there’s abuse involved, that wait gets waived—another sign that modern Louisiana law has your back when things get scary at home.
Where We Are Now (And Why It’s Unique)
Today’s Louisiana divorce laws are less complicated than they once were, though the state still stands out thanks to its civil law heritage from French and Spanish influences. Most couples opt for a no-fault split—either live separately for 180 days (no kids) or 365 days (if minor kids are involved), then finalize the divorce. If fault is an issue (adultery, felony conviction, or abuse), you can move much faster.
Does it feel anything like the old days? Almost not at all. You won’t be pleading with the legislature for a personal divorce decree. You won’t have to prove your spouse is a scoundrel—unless you want that slow, fault-based route. You can simply cite “we’re done here” and walk away once the time clock runs out.
From Legislative Acts to Streamlined Splits
Louisiana’s journey from “no divorce allowed, period” to a modern system that respects personal choice (and safety) is a testament to how laws adapt as social values shift. We’ve gone from near-impossibility to routine court procedures, with helpful exceptions for domestic violence survivors and an optional “double-down on marriage” framework called Covenant Marriage.
Local Experts: JC Law in Your Corner
Ginger West Johnson and Cynthia Carroll—are always a step ahead, keeping you informed about changes that matter to you. As trusted family lawyers, we navigate every aspect of family law strategically, efficiently, and compassionately, ensuring you’re never alone in the process.
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Contact us today for your personalized consultation. Johnson & Carroll Law has your back!
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