Is a couple who have not had relations in two years still required to separate before divorcing?
02/09/2007 - Divorce - State: LA #632
If there has not been any sexual intercourse for more then two years, but both parties still live under same roof but different bedrooms, does the couple still have to "separate" for 6 months to have a divorce granted?
Except in the case of a covenant marriage, a divorce shall be granted on the petition of a spouse upon proof that:
(1) The spouses have been living separate and apart continuously for a period of six months or more on the date the petition is filed;
(2) The other spouse has committed adultery; or
(3) The other spouse has committed a felony and has been sentenced to death or imprisonment at hard labor.
A new law effective January 1, 2007, requires couples with minor children to live separate and apart for one year prior to obtaining a final judgment of divorce. Under current Louisiana law, couples have to live separate and apart for only six months to finalize their divorce.; Louisiana Act 743 creates new Louisiana Civil Code Article 103.1, which will set forth a requisite waiting period of 180 days when the parties do not have minor children, and a requisite waiting period of 365 days when the parties do have minor children.
The lesser 180-day waiting period will also apply to situations where a spouse or a child of one of the spouses has been physically or sexually abused, and when a protective order or injunction has been issued.; It does not appear that this legislation will affect a persons right to get an immediate divorce on the grounds of adultery as provided by Louisiana Civil Code Article 103 (2), or the right to an immediate divorce when the other spouse has committed a felony and has been sentenced to death or imprisonment at hard labor as provided in Louisiana Civil Code Article 103.
Most states require that you live separately for the statutory period of time. This means no cohabitation. Separation means residing (and sleeping) in different locations at all times. Separate bedrooms in the same house do not constitute a separation.
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02/09/2007 - Category: Divorce - State: LA #632
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