Legal Separation and Annulment in Louisiana
Whether Louisiana offers legal separation, how it differs from divorce, and the grounds for an annulment.
Short answer: Spouses in a covenant marriage may obtain a judgment of separation from bed and board, after counseling (except in abuse cases), on grounds such as adultery, a felony sentence, abandonment for one year, abuse, living apart for two years, or habitual intemperance or cruel treatment. La. R.S. 9:307(B), 9:308
| Legal separation | Spouses in a covenant marriage may obtain a judgment of separation from bed and board, after counseling (except in abuse cases), on grounds such as adultery, a felony sentence, abandonment for one year, abuse, living apart for two years, or habitual intemperance or cruel treatment. A court may award spousal support, custody, child support and other relief in that proceeding. Source: La. R.S. 9:307(B), 9:308 |
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| Annulment | A marriage is absolutely null if it was contracted without a marriage ceremony, by proxy, or in violation of an impediment (an existing marriage, same-sex marriage as defined in the Civil Code, or close blood or adoptive relationship). No court declaration is required, but any interested person may ask a court to recognize the nullity. A marriage is relatively null when one party's consent was not freely given; only that party may seek to have it declared null, and not if they confirmed the marriage afterward. A party who married in good faith may keep certain civil effects of a null marriage (a putative marriage). Civil Code art. 89 (same-sex impediment) remains in the code text; federal law requires states to license and recognize same-sex marriages. |
Where to get help in Louisiana
More Louisiana divorce & family law
- Getting a Marriage License in Louisiana
- Adopting a Child in Louisiana
- Guardianship of a Child or Adult in Louisiana
- Establishing Paternity in Louisiana
- Changing Your Name in Louisiana
- Child Custody Laws in Louisiana
- How Child Support Is Calculated in Louisiana
- Divorce Records in Louisiana
- Alimony and Spousal Support in Louisiana
- How to File for Divorce in Louisiana
- All Louisiana divorce & family law rules
FAQ
Can you get a legal separation in Louisiana?
Spouses in a covenant marriage may obtain a judgment of separation from bed and board, after counseling (except in abuse cases), on grounds such as adultery, a felony sentence, abandonment for one year, abuse, living apart for two years, or habitual intemperance or cruel treatment. A court may award spousal support, custody, child support and other relief in that proceeding.
What are the grounds for annulment in Louisiana?
A marriage is absolutely null if it was contracted without a marriage ceremony, by proxy, or in violation of an impediment (an existing marriage, same-sex marriage as defined in the Civil Code, or close blood or adoptive relationship). No court declaration is required, but any interested person may ask a court to recognize the nullity. A marriage is relatively null when one party's consent was not freely given; only that party may seek to have it declared null, and not if they confirmed the marriage afterward. A party who married in good faith may keep certain civil effects of a null marriage (a putative marriage).
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.