Living arrangements for Louisiana divorce

Posted by: gregory0000

Living arrangements for Louisiana divorce - 06/20/17 03:07 PM

I have read that Louisiana requires a married couple to live "separate and apart" for 180 days (without children) before a divorce can be granted.

Here is my situation: I purchased our house, in my name only, before we got married. During our marriage (a few years) we had a joint bank account from which we paid the mortgage.

When I ask for a divorce, is my spouse required to move out since the house is under my name only? Or am I required to move out since I'm the one asking for divorce? I will probably get push-back when I voice my desire to get a divorce.

Or is there a legal way in which we can still live under the same roof but still be considered "separate and apart?"
Posted by: TJMH

Re: Living arrangements for Louisiana divorce - 06/20/17 05:55 PM

If you've been married for more than a couple of years and have been paying the mortgage out of marital funds the house is probably marital property, even if yours is the only name on the deed and mortgage. So probably neither of you can force the other to move out--it's something you'd have to decide between yourselves.

It sounds like "separate and apart" means what it says--you have to live under separate roofs. From what I gather the only way to get around the waiting period is to sue for divorce based on adultery or felony conviction of the other party.