What to File.

Divorce (La. C.C. arts. 102, 103, 103.1, 103.2, 103.5)

Louisiana has multiple divorce grounds. Article 102 requires filing first, then waiting the statutory period (180 days without minor children, 365 days with). Article 103 (and its variants) requires that the parties already lived apart the required time before filing. Pick the article that matches your situation, then assemble this packet:

1. Petition for Divorce (choose the packet that matches your grounds and whether children exist).
2. Verification (petitioner's sworn statement — already built into the divorce packets).
3. Order Directing Service of Petition for Divorce — identifies whether service is personal, domiciliary, long-arm, or by curator.
4. Civil Case Cover Sheet (required in every JDC).
5. Filing fee (typically $350–$450 depending on parish) OR IFP Affidavit if you cannot afford the fee.
6. Final Judgment of Divorce (template, held until the show-cause or default hearing).
7. [If defendant cannot be located:] Motion to Appoint Curator Ad Hoc and Order Appointing Curator.
8. [If children:] The court may require a Joint Custody Implementation Plan, a completed Louisiana Child Support Obligation Worksheet, and completion of a court-approved Parent Education Program.

Deadlines: Article 102 — do not file the Rule to Show Cause until the statutory living-apart period has run. Article 103 — do not file until you can prove the living-apart period was completed before filing. Do not miss the ten-day new-trial deadline after final judgment.

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Custody & Support Modification

To change an existing custody, visitation, or child support order, you file a Rule to Modify — a summary proceeding under La. C.C.P. arts. 2591 et seq. that gets a hearing on shorter notice than an ordinary petition.

1. Rule to Modify (Custody & Visitation, Consent Custody Judgment, or Child Support — pick the correct form).
2. Order Setting Rule for Contradictory Hearing (the judge signs this to set your hearing date).
3. [For child support:] Completed Louisiana Child Support Obligation Worksheet (Form 41-30 or 41-31) with three months of pay stubs and last year's federal tax return.
4. [If a material change:] Evidence supporting the change (school records, medical records, DCFS reports, witnesses).
5. Certificate of Service (built into the rule).
6. Service on the other parent by personal service through the sheriff.

Burden of proof: If you are modifying a considered decree, you must show a material change in circumstances since the last judgment AND that the modification is in the child's best interest. Consent judgments follow a lower Evans v. Lungrin standard.

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Rule for Contempt of Court

When someone violates a court order (unpaid child support, denied visitation, ignored injunction), you file a Rule for Contempt asking the court to enforce compliance with fine, jail, or both.

1. Rule for Contempt (identifies the specific order violated and the specific acts of violation).
2. Order Setting Rule to Show Cause for Contempt (the judge signs this to set your hearing).
3. Certified copy of the underlying order that was violated (attach as Exhibit A).
4. Evidence of the violation (missed payment records, denied visitation logs, communications).
5. Service on the respondent by personal service only — contempt cannot be served by domiciliary service (constitutional due process for jail exposure).

Warning: If jail is a possible sanction, the respondent has the right to court-appointed counsel if indigent. Do not seek jail without being ready to prove the violation was willful.

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Petition for Protection from Abuse (La. R.S. 46:2131 et seq.)

The strongest civil relief in Louisiana. A verified petition can secure an immediate ex parte Temporary Restraining Order, followed within 21 days by a full contradictory hearing on a long-term Protective Order (up to 18 months, renewable).

1. Petition for Protection from Abuse (verified — must be signed under oath).
2. Ex Parte Temporary Restraining Order (the judge signs this immediately if the petition shows immediate irreparable harm).
3. Order Setting Rule for Hearing (the judge sets the contradictory hearing within 21 days, La. R.S. 46:2135(F)).
4. Evidence of abuse: photos of injuries, police reports, medical records, threatening messages, witness statements.
5. Any Louisiana Uniform Protective Order (LPOR) forms your parish requires (some parishes attach these; some use only the judge’s order).

No filing fee. La. R.S. 46:2136.1 waives all costs, service fees, and enforcement costs for protection-from-abuse petitioners. Do not let a clerk tell you otherwise.

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Eviction (Landlord) — La. C.C.P. arts. 4701 et seq.

Louisiana eviction is a strict two-step process. Skip a step, and the case gets dismissed.

1. Notice to Vacate (5 days for nonpayment; longer periods for other causes). Serve this before filing anything with the court.
2. Wait the notice period. If tenant does not vacate:
3. Rule to Evict (filed in the correct court — usually a Justice of the Peace, City Court, or the parish District Court depending on jurisdiction).
4. Rule for Possession (the judge’s order setting a hearing not less than three days after service — La. C.C.P. art. 4732).
5. Attach a copy of the Notice to Vacate and proof of how it was served (photo, text, certified mail receipt).
6. Attach the lease if there is one.
7. Service on tenant by sheriff or constable (three days minimum before hearing).
8. [After judgment:] Warrant of Possession (24 hours after judgment, if no appeal — sheriff then executes).

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Tenant Answer to Eviction

If you have been served with a Rule to Evict, you have the right to defend. File your answer before or at the hearing.

1. Tenant Answer to Rule to Evict (raises your defenses).
2. Copies of all rent receipts (proves payment).
3. Copy of the lease.
4. Photos or evidence of habitability defects (if you are asserting the warranty of habitability).
5. Copies of any written communications with the landlord.
6. [If you have a pending federal defense:] Notice of Removal to federal court within 30 days of service (rare but available).

Deadline: Show up at the hearing set on the Rule for Possession. Failure to appear results in a judgment against you within hours.

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Small Succession (La. C.C.P. arts. 3421–3434)

Estates under $125,000 (or any size if decedent died more than 20 years ago) can be handled by affidavit — no probate proceeding needed.

1. Small Succession Affidavit (signed by all heirs, notarized, two witnesses).
2. Certified copy of the death certificate.
3. Certified copy of the will, if any.
4. Description of assets (vehicle VIN, property legal description, bank account numbers).
5. [If real estate involved:] Affidavit of Heirship (from a non-heir who knew the family) is often useful.
6. Filing with the Clerk of Court in the parish of decedent's domicile (usually a modest filing fee).

Note: Small succession by affidavit does NOT require an attorney. Larger estates (over $125,000, complex assets, contested wills) usually do.

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Wage Garnishment (Creditor Side)

1. Petition for Garnishment (must be filed after judgment; requires a final money judgment).
2. Garnishment Interrogatories (served on the debtor's employer or bank).
3. Writ of Garnishment (issued by the clerk; commands the garnishee).
4. Certified copy of the underlying judgment.
5. Service on the garnishee (employer/bank) by sheriff.
6. Service copy on the judgment debtor (required by La. C.C.P. art. 2412).

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Small Claims

Small claims in Louisiana are heard in City Courts and Justice of the Peace Courts, with simplified procedure and a jurisdictional limit that varies (generally $5,000 in JP Court, $35,000 in most City Courts).

1. Small Claims Statement of Claim (simple, one-page complaint).
2. Small Claims Notice of Hearing (some courts require the party to prepare this; others handle it).
3. Copies of all documents supporting your claim (contract, receipts, photos, text messages).
4. Filing fee (typically $25–$150 depending on court and amount).
5. Service on the defendant — usually by sheriff or constable.

Attorney not required. Small claims was designed for pro se litigants. Bring evidence, not arguments.

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Expungement (La. C.Cr.P. arts. 971–995)

Louisiana expungement is a paperwork-heavy but achievable process. The site includes the full LSC-uniform workflow.

1. Motion for Expungement (identifies the arrest/conviction to be expunged).
2. Certificate of Fee Waiver (if applicable — e.g., innocent-of-charges, article 894 completion, acquittal).
3. Rule to Show Cause (proposed order for the judge to set a response deadline).
4. Order of Dismissal / Order of Expungement (the ultimate order the judge signs at conclusion).
5. Certified copy of the bill of information / indictment and disposition record.
6. [Some parishes:] Fingerprint card, background check results.
7. Filing fee (varies; often $550 statewide, waived in specific circumstances).
8. Service on DA, LSP, arresting agency, and any relevant clerks (multiple service copies needed).

Time-critical: Some expungement categories have waiting periods (5 years for misdemeanors, 10 years for felonies after completion of sentence). Confirm eligibility before filing.

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Fee Waiver (In Forma Pauperis) — La. C.C.P. art. 5181 et seq.

If you cannot afford filing fees, you can ask the court to waive them by filing an IFP application. The court reviews your financial situation and either grants or denies.

1. IFP Affidavit (sworn statement of your income, assets, expenses, and dependents).
2. Supporting documents (pay stubs, bank statements, benefits letters).
3. File with your primary pleading — the court reviews before accepting for filing.

Important: IFP status can be traversed by the opposing party. If you file IFP falsely (misrepresenting income/assets), you can lose the case and face sanctions.