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What is a 103 Divorce in Louisiana?

Posted on August 14, 2012 by abento83 No Comments

What is a 103 Divorce?

In Louisiana there are two different methods of obtaining a divorce. These are 102 divorce filing and 103 divorce filing.  A discussion of what a 102 divorce is, can be found by clicking here.

A 103 divorce is a method of obtaining a divorce after spouses have lived separate and apart for a mandatory period of time PRIOR to filing for divorce. The appropriate time period for filing a 103 divorce in Louisiana is determined by whether the spouse looking to obtain a divorce has a child with their current spouse. If the spouse seeking a divorce does not already have a child with the current spouse, the spouse seeking a divorce can file a 103 divorce after living separate and apart without reconciliation from their current spouse for 180 days. If the spouse seeking a divorce already has a child with their current spouse, the spouse seeking to obtain a divorce must wait one year after living separate and apart without reconciliation from their current spouse for a period of 1 prior to filing for divorce.

 Important note to remember:

If the spouses reconcile during the time when they are living separate and apart, the 1 year or 6 month timeline is reset back to zero.

Are you looking for an experienced Divorce Attorney?

Are you seeking a divorce?  If you are, please consider two things: (1) Regardless of what an attorney tells you, just because an attorney says they practice family law does not mean he or she is a good family lawyer. Hiring a lawyer who is not an experienced family law attorney may cause problems with your property, alimony, child support and child visitation; (2) If you are considering representing yourself, you have a fool for a client.  Here is an article which hopefully will convince you to represent yourself in a divorce case.

If you are looking for an experienced family law attorney, please consider The Benton Law Firm.  Austin Benton and Steve Benton serve the Baton Rouge and surrounding parishes in legal matters pertaining to: (1) child support; (2) child custody; (3) Spousal support/Alimony; and (4) Divorce.   The Benton Law Firm offers free consultations to all new and existing clients.


This article and all media on, Louisiana Legal Questions LLC,,, Austin Benton, Steve BentonThe Benton Law Firm LLCBenton, Benton and Benton L.L.C. are  designed to help provide basic legal information.  Understand that Providing legal information is not providing legal advice.  Nothing within this  media presented by the above mentioned persons and entities is intended to be  interpreted in any way to provide legal advice.  The above mentioned entities have liberally used legal terms within the presentations in an effort to provide a basic understanding of the common legal question which the media is presenting. The application of the media presented in any form by the above mentioned entities is geared to provide a better general understanding of a legal concept or question.  However, an individual’s specific circumstances is what makes your case unique. Although the media is created by referencing the applicable law to help the information presented to be current, we recommend and insist you consulta lawyer if you want professional assurance that our information, and your interpretation of it, is appropriate to your particular situation.

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