How fault can impact the length of your divorce

By Dyan Schnaars

Last Modified on May 12, 2025

Divorce can get expensive fast. According to Business Insider, a couple in the U.S. can expect to pay an average of $15,000 per person to complete the process.

To keep costs down, you likely want to resolve your divorce as quickly as possible. In Louisiana, one factor that will affect how long your divorce lasts is whether you are claiming fault-based or no-fault grounds for the split.

No-fault divorce

With a no-fault divorce, neither you member of the couple is responsible for the breakdown of your marriage in the eyes of the law. Often, this type of split occurs when people grow apart or can no longer get along. Before a judge will grant a no-fault divorce, you must first live “separate and apart” from your spouse for 360 days if you have a minor child or 180 days if do not.

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Fault-based divorce

A judge will grant a fault-based divorce without any mandatory separation period. However, you will need to show that your spouse is responsible for the end of the marriage. The allowable grounds for this type of divorce include:

Adultery
A felony conviction or incarceration
Physical or sexual abuse of the other spouse or a child of the spouse

In addition to allowing an immediate resolution, proving fault is necessary if you want to receive alimony. It can also impact custody rights and property division.

It can be difficult to prove that your partner is responsible for the split. You will likely need a strong legal case if you are seeking a fault-based divorce in Louisiana.

About the author: Dyan Schnaars

Founding Attorney of Schnaars Law Firm, LLC

Sarah Sevcech is the founding attorney of Sevcech Law in Ellijay, Georgia. She represents clients in family law, personal injury, and criminal defense matters. A graduate of Mercer University School of Law (2017), she is admitted to practice in Georgia and has been an active member of the Georgia Association of Criminal Defense Lawyers since 2017. Recognized by her peers, Sarah has been named a Rising Star by Super Lawyers for three consecutive years.

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How fault can impact the length of your divorce

No-fault divorce

You are Not Alone We are Here to Help

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How fault can impact the length of your divorce

No-fault divorce

You are Not Alone We are Here to Help

Fault-based divorce

Recent Posts

Categories

Archives

Defending Families Securing Futures.

We Will Help You Balance The Emotional And Legal Hurdles Throughout The Process.

Schedule A Consultation

Our Location

Contact Us

We Will Help You Balance The Emotional And Legal
Hurdles Throughout The Process.