Reconciliation and How It Can Interrupt Louisiana Divorce

Each state possesses its own laws governing the divorce of a married couple.  Most times, there are a number of different prerequisites which must be met by the parties before they can actually legally end the marriage.  Louisiana is not different.  One of the most commonly asked-about requirements is the “separate and apart” requirement.  In the state of Louisiana, a couple without children must generally live separate and apart for one hundred and eighty days.  If the couple has children, this time period doubles to three hundred and sixty days of living separate and apart.  There are probably a few different public policy reasons for this particular law, but it is safe to assume that one of them is to make the couple really think about the decision which they are about to make.  Louisiana does not want couples to have the ability to get a divorce “on a whim.”  As many of us may know first-hand, a long-term relationship with another person can sometimes get bitter or difficult.  Louisiana wants to make sure that applicants for divorce are sure about their choice.

That said, the separate and apart requirement begins to run when the couple actually physically splits from one another.  This does not mean that one spouse can sleep on a cot in the kitchen.  The spouses must actually inhabit different abodes for the separate and apart requirement to be met.  What exactly is reconciliation?  Let’s use some examples.

First we have Tommy and Tina.  They are married with no children, and decide that their marriage just is not working.  They decide to go through the steps required to get a divorce, firstly moving into different apartments.  The day that this move takes place, the one hundred and eighty day period begins to elapse.  However, Tommy and Tina are part of the same circle of friends.  They actually first met at their mutual place of business, and when they go out on the weekends, they often go out with the same people.  Since beginning to live separate and apart, Tommy and Tina have actually seen each other almost every weekend.  They don’t go to each other’s houses, but they do go out for drinks and festivals with their mutual friends.  They agreed to treat each other amicably during these outings, and there has not been any real drama between them.  One time (they were a little drunk) they had a really great heart to heart conversation about their marriage, and reaffirmed to each other that divorce was the right step to take.

Now let’s say we have Jack and Jenny.  They are also married with no children, and also decide to initiate divorce proceedings.  Jack moves out of the house to live in another apartment.  They do not speak to each other at all for the first three months.  Then, one weekend, they run into one another at the grocery store.  After talking for a bit, they agree to eat dinner at Jenny’s house.  They have such a great time that Jack ends up staying at Jenny’s for the next two weeks.  A few months later, at the divorce proceeding, Jenny tells the court about this incident.

In the above two examples, Tommy and Tina likely did not reconcile.  However, a court may consider Jack and Jenny’s actions to have been reconciliation.  If that is in the determination, Jack and Jenny may have to wait another one hundred and eighty days from the date of their last intention to live separate and apart (following their reconciliation.)

Will Beaumont is a lawyer in Metairie and New Orleans. This article is informational, not legal advice.