How Long Does a Divorce Take in Louisiana? Complete 2026 Timeline Guide

Written by Antonio G. Jimenez, Esq. | Florida Bar No. 21022 | Covering Louisiana divorce law

Disclaimer: This guide is for informational purposes only and does not constitute legal advice. Louisiana law is uniquely based on a civil law system derived from French and Spanish legal traditions, unlike the common law systems used in the other 49 states. Always consult with a licensed Louisiana attorney for guidance specific to your situation.

How Long Does a Divorce Take in Louisiana? Quick Answer

A no-fault divorce in Louisiana takes a minimum of 180 days (about six months) if you have no minor children, or 365 days (one year) if minor children are involved, as mandated by Louisiana Civil Code Article 103.1. After the mandatory waiting period expires, an uncontested case can typically be finalized within a few additional weeks. Contested divorces can take a year or longer beyond the separation requirement.

Understanding Louisiana's Unique Divorce Framework

Louisiana stands apart from every other U.S. state because its legal system is rooted in the civil law tradition rather than the common law tradition. Divorce in Louisiana is governed primarily by the Louisiana Civil Code, specifically Title V (Articles 102 through 161), rather than by a standalone family code or revised statutes alone.

The two principal paths to a no-fault divorce are found in Civil Code Article 102 and Civil Code Article 103. Understanding the difference between these two articles is the single most important factor in answering how long does divorce take in Louisiana for your particular situation.

Article 102 Divorce: Filing Before the Separation Period Is Complete

An Article 102 divorce allows a spouse to file a petition for divorce before the required separation period has fully elapsed, or even before the spouses have begun living apart. Under La. C.C. Art. 102, a divorce shall be granted upon motion of a spouse when a petition has been filed and the requisite separation period under Article 103.1 has elapsed from the date of service of the petition (or from the written waiver of service), and the spouses have continuously lived separate and apart for at least that period before the rule to show cause is filed.

Here is the general timeline for an Article 102 divorce:

1. File the Petition for Divorce in the appropriate parish district court. Under La. C.C.P. Art. 3951, the petition must contain allegations of jurisdiction and venue, verified by the petitioner's affidavit.
2. Serve the other spouse with the petition through the sheriff's office, a private process server, or certified mail. The other spouse may also execute a written waiver of service.
3. Wait for the mandatory separation period to elapse. Under La. C.C. Art. 103.1, this is 180 days when there are no minor children of the marriage, or 365 days when there are minor children.
4. File a Rule to Show Cause (also called a motion for final divorce) after the waiting period has run.
5. Attend a hearing (if required) where the court confirms that all statutory requirements have been met.
6. Receive the Judgment of Divorce.

The Article 102 process is the most common path chosen by Louisiana couples who have decided to divorce but have not yet completed the physical separation. The clock on the divorce timeline starts ticking on the date of service of the petition or the date the spouses commenced living apart, whichever is later.

One important procedural note: if the filing spouse does not move for a final divorce within two years of service, the petition lapses and new papers must be filed, restarting the waiting period.

Article 103 Divorce: Filing After the Separation Period Is Complete

An Article 103 divorce is available when the spouses have already been living separate and apart continuously for the full requisite period before the petition is filed. Under La. C.C. Art. 103(1), a divorce shall be granted on the petition of a spouse upon proof that the spouses have been living separate and apart continuously for the requisite period on the date the petition is filed.

Because the separation period has already passed at the time of filing, an Article 103 divorce can be the fastest divorce path in Louisiana. If the divorce is uncontested and all paperwork is properly prepared, the case can potentially be finalized in as little as 20 to 40 days after filing and service.

The general timeline for an Article 103 divorce:

1. Confirm that you have already lived separate and apart for 180 days (no minor children) or 365 days (minor children).
2. File the Petition for Divorce under Article 103 in the appropriate parish.
3. Serve the other spouse or obtain a waiver of service.
4. Wait for the other spouse's response period (generally 15 calendar days in Louisiana after service).
5. If no answer is filed or the divorce is uncontested, request a default judgment or set a hearing.
6. Receive the Judgment of Divorce.

This is generally the fastest divorce process available in Louisiana for a standard (non-covenant) marriage, because the mandatory waiting period has already been satisfied before the case even enters the court system.

The Mandatory Waiting Period: 180 Days vs. 365 Days

The divorce duration in Louisiana is defined primarily by the mandatory separation period set forth in La. C.C. Art. 103.1:

• 180 days (approximately six months): This period applies when there are no minor children of the marriage. It also applies in cases involving abuse, specifically where the court finds that the other spouse has physically or sexually abused the filing spouse or a child of one of the spouses, or where a protective order or injunction has been issued against the other spouse.
• 365 days (one year): This period applies when there are minor children of the marriage at the time the rule to show cause is filed (Article 102) or the petition is filed (Article 103).

A "minor child of the marriage" includes a child conceived or born during the marriage, adopted by the spouses, or filiated in the manner provided by law.

During the separation period, the spouses must live in separate residences. Simply sleeping in different bedrooms within the same house generally does not satisfy Louisiana's separation requirement. The separation must also be continuous and without reconciliation. If the spouses reconcile and then separate again, the clock resets.

Fault-Based Divorce: A Potentially Faster Path

Louisiana also recognizes fault-based grounds for divorce under La. C.C. Art. 103(2) through (5). These grounds include:

• Adultery by the other spouse (Art. 103(2))
• Commission of a felony and sentencing to death or imprisonment at hard labor (Art. 103(3))
• Physical or sexual abuse of the filing spouse or a child during the marriage (Art. 103(4))
• Issuance of a protective order or injunction against the other spouse during the marriage (Art. 103(5))

A fault-based divorce does not require the mandatory separation period, which means the divorce timeline can be significantly shorter. There is no required waiting period for filing an at-fault divorce. However, the filing spouse bears the burden of proving the fault-based ground, which may involve presenting evidence and testimony at trial. If the other spouse contests the allegations, the proceedings can become lengthy and expensive. As a result, fault-based divorces are not always faster in practice, even though they can bypass the mandatory waiting period.

Covenant Marriage: A Different Set of Rules

Louisiana is one of only three states that offers a covenant marriage (the others being Arizona and Arkansas). A covenant marriage requires premarital counseling and involves a commitment to seek counseling before filing for divorce. The grounds for divorce in a covenant marriage, found in La. R.S. 9:307, are significantly more limited and the required separation periods are longer.

For a no-fault divorce from a covenant marriage, the spouses must have been living separate and apart continuously without reconciliation for a period of two years. If there is a prior judgment of separation from bed and board, the separation period is one year (or one year and six months if there are minor children).

Fault-based grounds for covenant marriage divorce include adultery, felony conviction with a sentence of death or hard labor, abandonment for one year, and physical or sexual abuse.

Divorcing from a covenant marriage is intentionally more difficult and time-consuming than dissolving a standard marriage in Louisiana.

Residency Requirements for Filing in Louisiana

Before you can file for divorce in Louisiana, you must satisfy the state's residency (domicile) requirements. Under La. C.C.P. Art. 10(A)(7) and Art. 10(B), you can file for divorce in Louisiana if you or your spouse is domiciled in the state when the case is started. A person is presumed to be domiciled in Louisiana if they have established and maintained a residence in the state for at least six months.

The divorce must be filed in the proper venue. Under La. C.C.P. Art. 3941(A), the petition is filed in the parish of the last matrimonial domicile, or in the parish where either party is domiciled.

Filing Fees and Court Costs

Filing fees for a divorce in Louisiana vary by parish. Generally, you should expect to pay between $200 and $600 for the initial petition filing. Some specific examples:

• Orleans Parish: approximately $332.50 for the filing fee
• Lafayette Parish: filing fees can range from $300 to $600
• Statewide average: most parishes fall in the $200 to $400 range

As of February 2026. Verify with your local clerk of court, as fees are subject to change.

Additional costs may include:

• Service of process fees (sheriff or private process server): approximately $50 to $100
• Certified copies of the judgment
• Publication fees if the other spouse cannot be located
• Court reporter fees for hearings
• Parenting education course fees (required in some parishes when minor children are involved)

If you cannot afford filing fees, you may request in forma pauperis (IFP) status by submitting an affidavit to the court. If the court grants IFP status, fees may be deferred until the end of the case.

Factors That Affect How Long Divorce Takes in Louisiana

While the statutory waiting periods establish the minimum divorce timeline, several practical factors determine the actual divorce duration:

• Contested vs. uncontested: An uncontested divorce, where both spouses agree on all issues, moves faster. A contested divorce, where the spouses disagree on property division, custody, support, or other issues, can add months or even years.
• Complexity of community property: Louisiana is a community property state. Property acquired during the marriage generally belongs equally to both spouses. Dividing complex assets (businesses, retirement accounts, real estate) takes time. Note that the Judgment of Divorce can be obtained separately from the community property partition, which can be handled afterward.
• Child custody and support disputes: Cases involving contested custody require extensive legal work, potentially including custody evaluations and expert witnesses.
• Court scheduling: Each parish has its own court calendar and caseload. Urban parishes with heavy dockets may have longer wait times for hearings.
• Service of process delays: If the other spouse is difficult to locate, service by publication may be required, adding weeks to the timeline.
• Attorney involvement and strategy: An experienced family law attorney can help avoid procedural errors and delays.

Step-by-Step Timeline Summary

Here is a general overview of how long does divorce take in Louisiana under common scenarios:

Scenario 1 -- Uncontested Article 103 Divorce, No Children:

• Separation period already completed (180 days)
• Filing, service, and response period: 2 to 4 weeks
• Hearing and judgment: 1 to 2 weeks
• Total from filing: approximately 3 to 6 weeks

Scenario 2 -- Uncontested Article 102 Divorce, No Children:

• File petition and serve spouse: 1 to 3 weeks
• Mandatory waiting period: 180 days from service or date of physical separation (whichever is later)
• Rule to show cause and judgment: 2 to 4 weeks after waiting period
• Total from filing: approximately 7 to 8 months

Scenario 3 -- Uncontested Article 102 Divorce, With Minor Children:

• File petition and serve spouse: 1 to 3 weeks
• Mandatory waiting period: 365 days
• Rule to show cause and judgment: 2 to 4 weeks after waiting period
• Total from filing: approximately 13 to 14 months

Scenario 4 -- Contested Divorce, With Children and Complex Property:

• Initial filing through completion: 18 months to 3 years or more, depending on the level of conflict and court availability

Tips for a Faster Divorce in Louisiana

While you cannot shorten the mandatory waiting period, you can take steps to minimize unnecessary delays:

• Reach agreement early: Work with your spouse to resolve custody, support, and property issues before or during the separation period. An uncontested divorce is the fastest divorce option.
• Prepare documents in advance: Gather financial records, property deeds, and other relevant documents before filing.
• Use mediation: Mediation can help resolve disputes faster and at lower cost than litigation. Mediator fees typically range from $100 to $300 per hour.
• Hire an experienced Louisiana family law attorney: A knowledgeable attorney can ensure your paperwork is filed correctly the first time, avoiding dismissals and delays.
• Consider an Article 103 filing: If you have already completed the separation period, filing under Article 103 rather than Article 102 can lead to the fastest divorce outcome.
• Cooperate on service: If your spouse is willing to waive service of process, this eliminates potential delays in locating and serving your spouse.

Community Property Division in Louisiana

Louisiana operates under a community property regime governed by La. C.C. Art. 2325 through Art. 2437. Property acquired during the marriage is generally classified as community property and is owned equally by both spouses. Separate property, which includes property owned before the marriage or acquired by gift or inheritance during the marriage, remains with the original owner.

Importantly, the community property regime terminates retroactively to the date of filing of the petition for divorce (in an Article 102 divorce) or the date of physical separation (depending on the circumstances). You do not have to resolve the community property partition before the Judgment of Divorce is issued. The partition can be completed afterward through agreement or through a separate court proceeding.

Spousal Support (Alimony) in Louisiana

Under La. C.C. Art. 111 through Art. 120, the court may award interim periodic support during the divorce proceedings and final periodic support after the divorce is granted. Final periodic support is available to a spouse who is in need of support and who is free from fault prior to the filing of the divorce proceeding. The sum awarded generally cannot exceed one-third of the obligor's net income, though exceptions exist in cases involving domestic abuse.

When a spouse obtains a divorce based on fault grounds such as abuse or a protective order (Art. 103(4) or (5)), that spouse is presumed to be entitled to final periodic support, and the one-third cap may be exceeded.

Child Custody and Support Considerations

Under La. C.C. Art. 131 through Art. 140, the court determines child custody based on the best interest of the child. Either spouse may request custody, visitation, or support determinations during the divorce proceeding or afterward (La. C.C. Art. 105).

Child custody disputes are often the primary reason that a divorce takes longer than the minimum waiting period. Custody evaluations, guardian ad litem appointments, and contested hearings all add time to the process.

Recent Developments and Legislative Watch

In 2025, the Louisiana Legislature made amendments to several Louisiana Civil Code articles affecting family law, including Art. 159 (effect of divorce on community property regime) and Art. 234 (parental authority and custody awards). While the core separation periods under Art. 103.1 remain unchanged, practitioners should verify current law for any recent modifications.

It is also worth noting that as of early 2025, there have been discussions in Louisiana regarding potential restrictions on no-fault divorce. While no formal legislation has passed to change or eliminate no-fault divorce, the topic has been debated, and it remains an issue to monitor. As of this writing, no-fault divorce remains fully available in Louisiana.

Frequently Asked Questions