Are spouses allowed to divorce for any reason?

On Behalf of | Jun 15, 2020 | divorce

When people get married, they usually have no intentions of divorcing. However, a marriage can change over time, and sometimes divorce becomes a reasonable possibility.

If you are thinking about asking your spouse for a divorce, you have probably considered that option carefully. It is likely you have found your personal reason for wanting to end your marriage.

What are the most common reasons for divorce?

Couples divorce for a variety of reasons. Because every relationship is different, you might expect the reasons for divorce to be unique too. However, studies show that some of the same reasons are repeated by many divorcing couples.

The top five reasons people list for their divorce, include:

  • Lack of commitment
  • Infidelity
  • Too much conflict
  • Getting married too young
  • Financial problems

Not all reasons are legally valid

You can pursue divorce for any personal reason you want. However, if you decide to ask for a divorce, you may also need to select a legally valid reason. This is because Louisiana courts will only grant a divorce for a few reasons. These legally valid reasons are called grounds.

There are three grounds for divorce in Louisiana. They include:

  • Living apart
  • Adultery
  • Conviction of a felony

The living apart ground requires you to live separate and apart from your spouse for a certain number of days. The number of days can vary based on your situation.

For example, if you and your spouse do not have minor children, you must live apart for 180 days. If you do have minor children, you must live apart for 365 days. Situations that involve a covenant marriage or abuse can have different requirements.

The adultery ground does not require a waiting period. However, the spouse that accuses the other of adultery must be able to prove that adultery occurred. Without the proper proof, the court may not grant the divorce.

Like the other grounds, the conviction of a felony ground has its own requirements. A spouse can use this ground to get a divorce if the other spouse committed a felony offense and has been sentenced to death or imprisonment at hard labor. If this situation applies, the facts of the conviction and sentencing offer enough proof for a court to grant the divorce.

If you feel that ending your marriage is the right path forward, you can pursue a divorce for whatever reason you want. However, just as you took time to consider your personal reason for wanting a divorce, it can also be important to consider which ground for divorce is most appropriate for your situation.

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