What are the legal time delays and grounds for a Divorce?

What are the legal time delays and grounds for a Divorce?

LA Civil Code Articles 102, 103 & 103.1 govern:

Art. 102. Judgment of divorce; living separate and apart prior to rule Except in the case of a covenant marriage, a divorce shall be granted upon motion of a spouse when either spouse has filed a petition for divorce and upon proof that the requisite period of time, in accordance with Article 103.1, has elapsed from the service of the petition, or from the execution of written waiver of the service, and that the spouses have lived separate and apart continuously for at least the requisite period of time, in accordance with Article 103.1, prior to the filing of the rule to show cause.

The motion shall be a rule to show cause filed after all such delays have elapsed.

Art. 103. Judgment of divorce; other grounds
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 the requisite period of time, in accordance with Article 103.1, 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.

Art. 103.1. Judgment of divorce; time period
The requisite periods of time, in accordance with Articles 102 and 103 shall be as follows:

  1. One hundred eighty days:
    • (a) Where there are no minor children of the marriage; or
    • (b) Upon a finding by the court, pursuant to a rule to show cause, that the other spouse has physically or sexually abused the spouse seeking divorce or a child of one of the spouses; or
    • (c) If, after a contradictory hearing or consent decree, a protective order or an injunction has been issued, in accordance with law, against the other spouse to protect the spouse seeking the divorce or a child of one of the spouses from abuse.
  2. Three hundred sixty-five days when there are minor children of the marriage at the time the rule to show cause is filed in accordance with Article 102 or a petition is filed in accordance with Article 103.