Stipulated Divorce in Louisiana (2026): Agreeing on Everything

A stipulated divorce in Louisiana is an uncontested divorce in which both spouses agree on every issue—property, debt, custody, and support—and put those terms in writing for the court. Louisiana grants no-fault divorce under La. Civ. Code art. 102 and La. Civ. Code art. 103 after spouses live separate for 180 days (no minor children) or 365 days (with minor children).

Louisiana law does not use the exact phrase "stipulated divorce," but the concept is universal: spouses stipulate to agreed terms so a judge signs the judgment without a trial. This settled divorce path is the fastest and cheapest route through Louisiana's civil-law system, which differs sharply from the common-law rules in the other 49 states. This 2026 guide explains the grounds, deadlines, filing fees, and community-property rules that govern an agreed divorce in Louisiana.

Key Facts: Stipulated Divorce in Louisiana (2026)

Filing fees as of August 2026. Verify with your local parish Clerk of Court.

What Is a Stipulated Divorce in Louisiana?

A stipulated divorce in Louisiana is an agreed, uncontested divorce where spouses resolve all issues by written stipulation instead of trial. Both spouses sign off on property division, debt allocation, child custody, child support, and spousal support. The judge reviews the agreement, confirms it meets legal standards, and signs the final judgment—often without either spouse appearing in court.

The defining feature of a stipulated divorce is agreement on everything. If spouses disagree on even one issue—say, who keeps the house or the parenting schedule—the case becomes contested and must be litigated. A consent divorce works because the spouses hand the court a complete, signed package: a joint petition or an answer waiving further service, a community-property settlement, and, if children are involved, a consent judgment of custody and support. Louisiana judges routinely approve these agreements because they reduce docket load and reflect the parties' own choices, provided the terms are not unconscionable and any child arrangements serve the child's best interest. A mutual divorce agreement in Louisiana still requires the underlying no-fault grounds and separation period—agreement alone does not shorten the statutory waiting clock.

Article 102 vs. Article 103: Which Path Fits an Agreed Divorce?

Louisiana offers two no-fault routes. Under La. Civ. Code art. 102, you file the petition first, then complete 180 or 365 days of separation before requesting the final judgment. Under La. Civ. Code art. 103, you must already have lived separate and apart for 180 or 365 days before you file. Both end in the same divorce decree.

For a stipulated divorce where spouses are cooperative, Article 103 is often cleaner: if you have already been separated the required time, you file once and move straight to judgment. Article 102 suits spouses who want to start the clock immediately at filing—useful when you need the court's jurisdiction established early to address temporary support or use of the family home. The separation requirement is identical either way. If you and your spouse share no minor children, you need 180 days of living separate and apart. If you have minor children together, the period jumps to 365 days. "Living separate and apart" means physically living apart in different residences with no reconciliation and no sexual relations during the period—a single reconciliation can reset the clock. Article 103 also allows fault grounds, such as adultery or a felony conviction with a sentence of death or imprisonment at hard labor, but a settled divorce rarely relies on fault because proving fault requires a contested hearing.

Article 102 vs. Article 103 Comparison

Residency and Domicile Requirements

Louisiana requires domicile, not mere residency, to file for divorce—a stricter standard than most states. Under La. Code Civ. Proc. art. 10, a Louisiana court has jurisdiction when one spouse is domiciled in the state. Maintaining a residence in a Louisiana parish for at least six months creates a legal presumption of domicile, satisfying the requirement in most agreed divorces.

Domicile means more than a mailing address. It requires physical presence in Louisiana combined with the intent to make the state your permanent home. A spouse who moves to Louisiana and rents an apartment while planning to return to another state has residence but may lack domicile. The six-month presumption in La. Code Civ. Proc. art. 10(B) helps by treating six months of continuous parish residence as proof of domicile, which the other spouse can rebut only with contrary evidence. Venue—the correct parish—is generally the parish where either spouse is domiciled or where the spouses last lived together. For a stipulated divorce, spouses usually agree on venue, so this rarely causes friction. Military members stationed in Louisiana and Louisiana domiciliaries serving elsewhere have special rules that can preserve Louisiana jurisdiction even during absence. If neither spouse is domiciled in Louisiana, the state's courts cannot grant the divorce regardless of agreement.

Filing Fees and Court Costs

The filing fee for a stipulated divorce in Louisiana ranges from $200 to $400 in most parishes, with some parishes charging up to roughly $600 for more complex filings. Orleans Parish charges approximately $332.50 and St. Tammany about $410. Each parish Clerk of Court sets its own fee schedule within limits allowed by La. R.S. 13:841.

Beyond the base filing fee, budget for service of process (roughly $30-$60 per spouse if the sheriff serves, often avoided when the responding spouse signs a waiver), certified copies of the judgment ($5-$15 each), and any notary fees for the community-property settlement. Because a consent divorce avoids depositions, expert witnesses, and trial time, total court costs typically stay under $500 even when you use a limited-scope attorney to draft documents. Spouses who cannot afford these costs may file a Petition to Proceed In Forma Pauperis under La. Code Civ. Proc. art. 5181 through 5188, which waives court fees for qualifying low-income litigants. For a fuller cost picture and a way to plan your specific next steps, build a personalized divorce roadmap that estimates your parish-specific expenses. Always confirm the exact current amount with your local Clerk of Court, because parish fees change and vary widely.

How to File a Stipulated Divorce in Louisiana: Step by Step

Filing a stipulated divorce in Louisiana follows six core steps once you satisfy domicile and separation requirements. The process centers on the parish Clerk of Court, and cooperative spouses can complete it with minimal court appearances. Most agreed divorces move from filing to final judgment in 30-90 days after the separation period is met.

1. Confirm grounds and separation. Verify that you meet domicile under La. Code Civ. Proc. art. 10 and have completed—or will complete—the 180-day or 365-day separation.
2. Prepare the petition. Draft a Petition for Divorce citing La. Civ. Code art. 102 or La. Civ. Code art. 103. Include children's information and a request to approve your community-property settlement.
3. File and pay. Submit to the Clerk of Court in the proper parish and pay the $200-$400 filing fee, or request a fee waiver.
4. Serve or waive service. The responding spouse can sign a Waiver of Service and Waiver of Citation, avoiding sheriff service and speeding the case.
5. Complete the settlement documents. Sign a written community-property partition and, if you have children, a consent judgment covering custody and support.
6. Request final judgment. After the separation period ends, file a Rule to Show Cause (Article 102) or move directly to judgment (Article 103). The judge signs the Final Judgment of Divorce.

Because paperwork errors are the most common reason agreed divorces stall, many Louisiana spouses hire an attorney for a flat-fee, document-only engagement. You can find a divorce attorney who handles uncontested filings in your parish.

Dividing Community Property by Agreement

Louisiana is a community-property state, so most assets and debts acquired during the marriage belong equally to both spouses. Under La. Civ. Code art. 2336, each spouse owns a present undivided one-half interest in the community. In a stipulated divorce, spouses can voluntarily partition that community property by written agreement without a court dividing it for them.

Community property under La. Civ. Code art. 2338 includes property acquired during the marriage through the effort or skill of either spouse, plus income from community and (unless reserved) separate property. Separate property—assets owned before marriage, inheritances, and gifts to one spouse—stays with that spouse. The equal-ownership rule means each spouse is entitled to half the net community value, but spouses in an agreed divorce can trade assets unequally by consent: one might keep the house in exchange for the other keeping a retirement account of similar value. Louisiana law expressly permits spouses to partition community property voluntarily, and once partitioned, the assets each receives become separate property. A written community-property settlement, signed before a notary and two witnesses, is the centerpiece of most stipulated divorces. Understanding how community property works helps you value the estate accurately before you sign. Retirement accounts often need a Qualified Domestic Relations Order to divide without tax penalty, even when spouses agree.

Child Custody, Support, and Spousal Support in an Agreed Divorce

Even in a fully agreed divorce, Louisiana courts independently review child custody and child support for the child's best interest. Spouses may stipulate to joint custody, a parenting schedule, and a support amount, but the judge confirms the terms protect the children. Child support follows the income-shares guidelines in La. R.S. 9:315, which calculate each parent's share based on combined income.

Louisiana favors joint custody with one parent often designated the domiciliary parent—the parent with whom the child primarily lives. Spouses in a stipulated divorce submit a consent parenting plan detailing physical custody, holidays, and decision-making authority. Judges approve these plans unless they are clearly contrary to the child's welfare. For child support, the guidelines produce a presumptively correct amount from both parents' gross incomes, the number of children, health-insurance costs, and childcare expenses; parents can agree to a different amount only if they justify the deviation and the court finds it serves the child. Estimate your obligation with a child support calculator before finalizing terms. Spousal support, called final periodic support under La. Civ. Code art. 112, is not automatic—a spouse must show need and freedom from fault, and the court weighs income, earning capacity, and the marriage's length. Many agreed divorces waive spousal support entirely by written stipulation. If custody terms feel complex, learn how child custody arrangements are structured in Louisiana before you sign.

Covenant Marriage: A Different Rulebook

Spouses who chose a covenant marriage in Louisiana cannot use the standard no-fault divorce quickly. Under La. R.S. 9:307, a covenant-marriage divorce requires either specific fault grounds or living separate and apart continuously for two years—far longer than the 180-to-365-day period for ordinary marriages. Covenant spouses must also complete counseling before a court grants the divorce.

Louisiana is one of only three states offering covenant marriage, a more binding form of marriage that couples opt into at the license stage. The exclusive divorce grounds under La. R.S. 9:307 are adultery; the other spouse's felony conviction with a sentence of death or hard labor; abandonment of the matrimonial domicile for one year with constant refusal to return; physical or sexual abuse of the filing spouse or a child; or two years of continuous separation without reconciliation. Even a fully agreed covenant divorce must fit one of these grounds—mutual desire to end the marriage is not enough by itself unless the two-year separation is met. Counseling is mandatory except where abuse is alleged. If you are unsure whether you have a covenant marriage, check your marriage license and the declaration of intent you signed; covenant couples receive a separate signed declaration. A stipulated covenant divorce is still possible, but the timeline and prerequisites are stricter, so plan for the longer separation.

Timeline: How Long Does a Stipulated Divorce Take?

A stipulated divorce in Louisiana typically takes 6 to 14 months from separation to final judgment, driven almost entirely by the mandatory living-separate period. After the 180-day or 365-day separation is complete, the paperwork stage for an agreed divorce usually finishes in 30 to 90 days because there is no trial or discovery.

The separation clock is the controlling factor. Spouses without minor children who file under Article 103 after 180 days apart can often finalize in about seven months total. Spouses with minor children face the 365-day requirement, pushing the minimum toward 13-15 months. Article 102 filers start the clock at filing, so their total calendar time is similar—the difference is procedural, not faster. Once the separation period ends, an agreed case moves quickly: the responding spouse's waiver of service eliminates weeks of delay, and judges sign uncontested judgments on the regular motion docket. Delays usually come from incomplete community-property settlements, unsigned parenting plans, or missing certified documents rather than court backlog. Filing accurate, complete documents the first time is the single biggest lever you control over the timeline.

Stipulated Divorce Timeline by Situation