How to Obtain a Divorce in a Louisiana Covenant Marriage: Timelines and Fault Grounds
To dissolve a Covenant Marriage in Louisiana under La. R.S. 9:307, you must first complete mandatory marriage counseling. You generally face a longer separation period of 1 to 2 years or must prove strict fault grounds, with court filing fees ranging from $250 to $400 depending on your parish.
Understanding Covenant Marriage Divorces in Louisiana
Louisiana is one of the few states that offers a 'Covenant Marriage,' an elevated legal commitment designed to make divorce more difficult and encourage marital preservation. If you chose a covenant marriage, the standard no-fault divorce rules do not apply to you. Dissolving this type of union requires jumping through specific legal hoops, including mandatory counseling and proving strict statutory grounds. Whether you live in New Orleans, Baton Rouge, or Shreveport, the courts heavily scrutinize these cases. While the process is more rigorous, understanding the exact rules under La. R.S. 9:307 can help you navigate this difficult time and protect your future.
Step-by-Step Process in Louisiana
Ending a covenant marriage is a multi-stage process that prioritizes reconciliation over a quick legal exit. Here is the path you must follow in a Louisiana court.
Step 1: Mandatory Marriage Counseling
Unlike a standard divorce, you cannot simply walk into court and file. Under Louisiana law, a couple in a covenant marriage must receive counseling before they can seek a legal separation or divorce. You must consult with a marriage counselor, religious leader, or professional therapist to exhaust all reasonable efforts to save the marriage. When you file your petition, you will generally need to submit a notarized affidavit or counselor attestation pursuant to La. R.S. 9:273 and La. R.S. 9:307 to prove this step was completed.
Step 2: Filing the Petition
Once counseling is complete, you must file a Petition for Divorce in the parish where you or your spouse reside. This might be at the Civil District Court for the Parish of Orleans, New Orleans or the Family Court of East Baton Rouge Parish, Baton Rouge. Your petition must clearly state that yours is a covenant marriage and cite the specific legal grounds you are using to request the divorce.
Step 3: Proving Fault or Completing the Waiting Period
To get a divorce, you must either prove your spouse committed a serious fault or complete a lengthy waiting period. The judge will schedule a hearing where you must present evidence-such as police reports, text messages, or witness testimony-to prove your grounds. If you are filing based solely on living apart, you must prove you have lived separate and apart continuously without reconciliation.
Specific Scenarios Under La. R.S. 9:307
The grounds for ending a covenant marriage are explicitly listed in the state statutes. You must fit your situation into one of these specific legal categories.
Spousal Abandonment
If your spouse has physically left the marital home and refuses to return, you may file based on abandonment. However, under the strict rules of a covenant marriage, your spouse must have abandoned the matrimonial domicile for at least one continuous year, and they must have left with the specific intent not to return. You cannot file for abandonment the week after they move out.
Substance Abuse Exclusions and Fault
Physical or sexual abuse of a spouse or child serves as a direct ground for divorce in a covenant marriage. However, severe alcoholism or drug addiction is treated differently. Under La. R.S. 9:307(B)(6), habitual intemperance (substance abuse) or cruel treatment does not grant an immediate divorce; instead, it is a ground for a legal separation from bed and board if the behavior renders living together insupportable. To obtain a final divorce following that separation, the couple must subsequently live separate and apart for one year (or one year and six months if there are minor children) pursuant to La. R.S. 9:307(A)(6). As demonstrated in cases like Benoit v. Benoit, 341 So. 3d 719 (LA Court of Appeal 2022), courts look for severe, ongoing behavior that endangers the family before granting a legal separation on this ground.
When a Legal Separation is Required First
In a covenant marriage, obtaining a divorce on non-fault grounds generally requires going through a formal legal separation first. Under La. R.S. 9:307(A)(5), if the spouses do not obtain a judgment of legal separation, they must live separate and apart continuously without reconciliation for at least two full years to obtain a direct divorce. However, if you first secure a judgment of legal separation from bed and board under La. R.S. 9:307(B), the required post-judgment separation period drops: you must live separate and apart for 1 year under La. R.S. 9:307(A)(6) if there are no minor children, or 1 year and 6 months if there are minor children.
How Much Does it Cost in Louisiana?
Filing for divorce involves mandatory court fees. The initial filing fee at most district courts ranges from $250 to $400. Because proving fault or navigating the strict rules of La. R.S. 9:307 is highly complex, hiring an attorney is strongly recommended. Most family law attorneys in Louisiana charge an hourly rate between $200 and $400, with initial retainers averaging $2,500 to $5,000. You can find experienced local professionals in our US Attorneys directory to assist you.
How Long Does the Process Take?
A covenant marriage divorce is not fast. If you are claiming immediate fault (like adultery or a felony conviction), the process takes roughly 3 to 6 months once filed, depending on court schedules. However, if you are relying on the separation requirement, you are looking at a total timeline of 1.5 to 2 years from the day you separate to the day the judge signs the final decree.
Frequently Asked Questions (FAQ)
What is the difference between a covenant marriage and a standard marriage?
A covenant marriage requires premarital counseling, a special declaration of intent when getting your license, and strictly limits the legal grounds upon which you can later seek a divorce or separation.
Does adultery allow for an immediate divorce in a covenant marriage?
Yes. If you have solid proof that your spouse committed adultery, you can bypass the long waiting periods and file for an immediate divorce under the covenant marriage statutes.
Do we both have to attend the mandatory counseling?
The law requires you to make all reasonable efforts. If your spouse completely refuses to attend counseling, you can usually proceed by submitting an affidavit stating that you attended and attempted to include your spouse, but they refused.
Can a felony conviction end a covenant marriage?
Yes. If your spouse is convicted of a felony and sentenced to death or imprisonment at hard labor, this provides immediate grounds for a covenant marriage divorce.
Can we convert a covenant marriage to a standard one?
No. Once you enter into a covenant marriage in Louisiana, you cannot simply sign a form to downgrade it to a standard marriage to get an easier divorce. You must follow the strict statutory rules to dissolve it.
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