Legal Separations in Louisiana

Last updated Sunday, March/31/2024

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Louisiana legal separation law is complex. There are residents in the state who legally are separated by order of the Louisiana family court. However, since the turn of the 21st century, Louisiana family law no longer permits courts to issue new orders of legal separation.

Existing Legal Separation Orders

Couples subject to legal separation orders in place before the elimination of this lawful remedy are fully bound by their orders. Their spousal relationships are bound by the provisions of the law in force at the time of their initial cases.

The laws pertaining to these legal separation cases govern nearly all aspects of their relationships with their spouses. These include the division of assets and debts, matters pertaining to children and alimony.

Louisiana law does not permit a couple living under a legal separation order to convert their case into a divorce action. If a legally separated couple determines they want to divorce, an independent divorce case must be filed.

Despite having to commence an original action in divorce after having been legally separated, the marriage dissolution case is likely to proceed fairly smoothly. Theoretically, the only outstanding issue should be the actual termination of the marriage. All other issues generally should have been dealt with in the previous legal separation action.

Some people sought legal separations in Louisiana because they held out hope of reconciliation with their spouses. If you do reach such a juncture, Louisiana law permits you the ability to terminate your legal separation. The termination of your legal separation is accomplished by filing a motion to terminate with the court where you filed your original petition for legal separation.

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