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Step-by-Step Guide

Getting a Divorce in Louisiana.

Louisiana has several grounds for divorce. This guide walks through the most common one — no-fault divorce under Article 103.1 (living apart) or Article 102 (filing first, then waiting). The forms on BayouJustice.org cover both. Which one you use depends on whether you have already lived apart the required time.

Which article applies to you?

Louisiana requires you to live separate and apart continuously without reconciliation for:

  • 180 days if you have no minor children of the marriage.
  • 365 days if you have minor children of the marriage.

The two paths:

  • Article 103.1 — you have already lived apart the required time. You can file and get the judgment relatively quickly. This is the simplest path.
  • Article 102 — you have not yet lived apart the required time, but want to start the clock. You file the petition, serve your spouse, wait the statutory period, then file a Rule to Show Cause and get judgment.

Special grounds (immediate divorce without waiting):

  • Article 103(2) — adultery, provable by clear and convincing evidence.
  • Article 103(5) — abuse (with a protective order or conviction).
  • Article 103(3) — felony conviction with imprisonment at hard labor.

The step-by-step process (Article 103.1, most common)

1

Confirm eligibility

Before you file, confirm:

  • You are domiciled in Louisiana and have lived here at least six months (La. C.C. art. 10; La. C.C.P. art. 3941).
  • You have lived separate and apart from your spouse continuously without reconciliation for the required time (180 or 365 days).
  • You are ready to divide the community property (or already have a signed agreement).
2

Gather your documents

Before you fill out anything, collect:

  • Certified copy of your marriage license (from the parish clerk where you married).
  • Your Louisiana driver's license or state ID (proof of domicile).
  • A separate mailing address / proof of separation (lease, utility bill, bank statement dated after separation).
  • Your spouse's current mailing address for service.
  • Full legal names and dates of birth of any minor children of the marriage.
  • List of community property and debts (cars, house, retirement, credit cards, joint accounts).
3

Download the correct divorce packet

Pick the packet that matches your grounds and whether you have minor children:

💾 103.1 No Children 💾 103.1 With Children 💾 102 No Children 💾 102 With Children 💾 103(2) Adultery 💾 103(5) Abuse
4

Fill it out carefully

Open the packet in Microsoft Word (or Google Docs, or LibreOffice). Every blank has a bracketed prompt like [YOUR FULL LEGAL NAME]. Replace each with your information. Rules of thumb:

  • Use full legal names, not nicknames.
  • Dates should be spelled out or written month-day-year with no abbreviations.
  • Do not delete any paragraphs unless the packet explicitly says "OPTIONAL — delete if not applicable."
  • Sign every page that requires it. The Verification page must be signed in front of a notary.
5

Get your Verification notarized

The Petition must be sworn to before a notary. Find a notary at a bank, a UPS Store, or a public library. Some parish Clerks of Court offer notary services at the filing window. Bring photo ID.

6

Prepare your supplemental documents

Attach these to your Petition:

7

File at the parish courthouse

Take everything to the Clerk of Court in the parish where you (or your spouse) are domiciled.

  • Filing fee is typically $350–$450 depending on parish. Ask the clerk for the current amount before you go.
  • Bring the original and enough copies for service (one for each defendant, plus one for you).
  • If you filed an IFP Affidavit, the clerk will accept it, forward to a judge for approval, and process the filing once approved.
  • Ask the clerk for a filed-stamped copy of everything for your records.
8

Arrange service on your spouse

Louisiana requires personal or domiciliary service by the sheriff (or, if your spouse is out of state, long-arm service). Options:

  • Personal service through sheriff: The sheriff in the parish where your spouse lives will hand-deliver the papers. Cost varies ($50–$150).
  • Waiver of Service: If your spouse agrees, they can sign an Acceptance of Service and Waiver and skip the sheriff step.
  • Long-arm service (spouse out of state): See the Absent Defendant Guide.
  • Spouse cannot be located: Also covered in the Absent Defendant Guide — you will need a Curator Ad Hoc.
9

Wait the required time

Article 103.1: The court can proceed after service — but only if you can prove you already lived apart for the required 180/365 days before filing.

Article 102: The clock starts on filing. Wait 180 or 365 days, then file a Rule to Show Cause Why Divorce Should Not Be Granted.

10

Attend the hearing (or confirm default)

If your spouse contests: The court sets a contradictory hearing. Both sides present testimony and evidence.

If your spouse does not respond within 15 days (30 for long-arm): You can confirm a default. La. C.C.P. art. 1702 lets the court render divorce on your testimony under oath if the matter is uncontested.

What to bring to any divorce hearing:

  • Certified copy of marriage license
  • Photo ID
  • Sheriff's return of service (or long-arm affidavit or Curator's answer)
  • A corroborating witness (someone who knows you are Louisiana-domiciled and lived apart)
  • The completed but unsigned Final Judgment of Divorce for the judge to sign
  • Any signed Community Property Settlement Agreement or Consent Judgment on Custody
11

Get certified copies of the Judgment

After the judge signs, ask the clerk for at least three (3) certified copies. You will need them for:

  • Social Security name change (if applicable)
  • Driver's license update
  • Retirement plan administrator
  • Health insurance
  • Your permanent records

Each certified copy costs a few dollars. Order all you need at once.

⚠ Do not remarry until 30 days after the Judgment

The Judgment is not final until the delays for a new trial and appeal have run. Do not remarry within 30 days — it can invalidate the second marriage.

💡 Community property is a separate proceeding

A judgment of divorce does not automatically divide community property. If you have not signed a Community Property Settlement Agreement, you or your spouse must file a Petition for Partition. This is often more complex and warrants attorney help.


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