It will soon take longer for many Louisiana residents to get a divorce. A new law effective January 1, 2007, will require 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 person’s 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 (3).
Representative Ernie Alexander, the sponsor of this bill, believes the longer waiting period will ultimately lower the state’s divorce rate. It is likely there will be a mad dash to the courts before this law becomes effective. Supporters of the new law believe the longer waiting period will give couples more time to reconsider. Others argue the increased waiting period will increase tensions between the couples and lead to more fighting and increased attorney fees.