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The two fault-based grounds for divorce under Article 103 are for where the other spouse has committed adultery or sentenced to death or imprisonment at hard labor for committing a felony. There is no waiting period for an Article 103 fault-based divorce.
Welcome to the Middle District of Louisiana's web page for individuals representing themselves in federal court. If you wish to initiate a civil action in federal court but do not have an attorney to represent you, you may file it on your own.
Under Article 102, you and your spouse must live separate and apart at different residences for 180 days before the divorce can be finalized. Under Article 103(1), you and your spouse must have already lived separate and apart at different residences for 180 days before you can file for divorce.
A 103 divorce is an ?at-fault? divorce. Some types of fault include adultery, the commission of a felony leading to a death sentence or hard labor, physical or sexual abuse of either the other spouse or a child or a protective order or injunction has been issued.
With few exceptions, the court will first value all of a couple's community property and assets. Those assets are then divided so that each spouse receives one-half of all their community property. In some cases, the court may order that certain assets be sold and the proceeds be split equally between the two spouses.
For an Article 103 divorce, the process involves filing a Reconventional Demand if the spouse has legal cause for an immediate divorce under Article 103. An Article 103 divorce is appropriate if the spouses have lived separate and apart for more than the required time to get a divorce, or if one spouse is at fault.
Louisiana is a community property state. Marital property (and marital debts) are divided 50-50 when divided by the court. You can alternatively choose to create your own divorce settlement agreement and divide up property in a way that seems fair to you as long as you and your spouse can agree.
With few exceptions, the court will first value all of a couple's community property and assets. Those assets are then divided so that each spouse receives one-half of all their community property. In some cases, the court may order that certain assets be sold and the proceeds be split equally between the two spouses.