Divorce Checklist for Louisiana

Louisiana requires that at least one spouse be domiciled in the state at the time of filing, per Louisiana Code of Civil Procedure Article 10(A)(7). Domicile means physical presence combined with the present intent to remain in Louisiana permanently. If a spouse has maintained a residence in a Louisiana parish for six months, a rebuttable presumption of domicile arises under CCP Article 10(B). Venue must be filed in the parish where the petitioner is domiciled, the parish where the respondent is domiciled, or the parish of last matrimonial domicile, per CCP Article 3941(A). Venue in divorce is jurisdictional and cannot be waived — a divorce obtained in a court of improper venue is an absolute nullity. Gather proof of domicile such as a Louisiana driver's license, voter registration, lease, utility bills, or mortgage statements showing your parish address to satisfy the court's requirements.

Louisiana offers two types of no-fault divorce under the Civil Code: Article 102 and Article 103. An Article 102 divorce is filed before the required separation period has elapsed — the 180-day or 365-day waiting period begins running from the date the petition is served on the respondent. An Article 103(1) divorce is filed after the spouses have already lived separate and apart for the full separation period (180 days without minor children, 365 days with minor children), per Louisiana Civil Code Article 103.1. Article 103 divorces are generally simpler, faster, and less expensive because they can be finalized by default judgment without a hearing. Article 102 divorces require a separate Rule to Show Cause hearing after the waiting period expires. Additionally, Article 103 provides fault-based grounds — adultery or felony conviction with imprisonment at hard labor — which have no waiting period.

Before filing for divorce in Louisiana, collect all personal identification documents, financial records, and marital property documentation. Louisiana is a community property state under Louisiana Civil Code Article 2336, meaning all property acquired during the marriage is presumed to be community property and must be divided equally. You will need a certified copy of your marriage certificate, which can be obtained from Louisiana Vital Records for $15 per copy. Compile recent tax returns, pay stubs, bank statements, retirement account statements, and mortgage documents. If children are involved, gather birth certificates, school records, and health insurance information. Having these documents organized before filing will streamline the process, particularly if a Sworn Detailed Descriptive List of community property is later required under Louisiana Revised Statutes 9:2801. Make copies of all documents and store originals in a secure location.

If you or your children are experiencing domestic violence, prioritize safety before initiating divorce proceedings. Louisiana Revised Statutes 46:2131 et seq. provides for protective orders that can be filed independently or as part of a divorce action. Contact the Louisiana Coalition Against Domestic Violence at 1-888-411-1333 or the National Domestic Violence Hotline at 1-800-799-7233 for immediate assistance and safety planning. Under La. RS 9:363, a spouse who is a victim of family violence cannot be court-ordered to participate in mediation. Additionally, fault-based divorce under Article 103 may be available in abuse situations with no waiting period. Louisiana law provides that a protective order can grant temporary custody, exclusive use of the marital home, and prohibit contact. Find local shelter services through the Louisiana Coalition Against Domestic Violence at lcadv.org/find-resources. Document all incidents of abuse with dates, witnesses, and photographs.

Download the appropriate petition form from the Louisiana State Bar Association's Access to Justice Commission at lsba.org. Four free form packets are available: Article 102 Divorce with Minor Children, Article 102 Divorce without Minor Children, Article 103(1) Divorce with Minor Children, and Article 103(1) Divorce without Minor Children. Each packet contains a Petition for Divorce, Verification, Acceptance and Waiver of Service form, Affidavit of Correctness, and either a Rule to Show Cause (Article 102) or Default Judgment form (Article 103). The petition must state both spouses' full legal names, date and place of marriage, parish of domicile, grounds for divorce, and whether minor children were born of the marriage. These self-represented litigant forms address the divorce only — they do not cover spousal support, community property partition, domestic abuse, or child support. Complete all forms but do not sign until you are before a notary public.

File the completed and notarized Petition for Divorce with the Clerk of Court in the proper parish. Louisiana divorce venue must be in the parish where the petitioner is domiciled, the parish where the respondent is domiciled, or the parish of last matrimonial domicile, per CCP Article 3941(A). Filing fees vary by parish — typically ranging from $150 to $400 for the initial filing — and must be paid at the time of filing unless an In Forma Pauperis petition has been granted. For example, Orleans Parish charges approximately $332.50, Jefferson Parish ranges from $400 to $450, and Caddo Parish estimates $600 for estimated deposits. Contact your specific parish clerk of court for the exact amount. Bring the original petition plus at least two copies — the clerk will file-stamp the original and return copies to you. Some parishes accept electronic filing through the Louisiana Court Document Exchange portal at cdx.lasc.org.

After filing, you must serve your spouse with a certified copy of the petition and citation per Louisiana Code of Civil Procedure Article 1201. Service must be requested within 90 days of filing. The most common methods are personal service by the parish sheriff (for an additional fee, typically $25–$75) or by a court-appointed private process server. If your spouse lives outside Louisiana, service can be made by certified mail or commercial courier with return receipt. Alternatively, your spouse can voluntarily waive formal service by signing an Acceptance of Service and Waiver of Citation before a notary — this form is included in the LSBA divorce packet. The signed waiver must be filed with the Clerk of Court. For Article 102 divorces, the waiting period begins running from the date of service or the date the waiver is executed. Proper service is jurisdictionally required — without citation and service, all proceedings are absolutely null under CCP Article 1201(A).

After service, the respondent has 21 days to file an Answer to the Petition for Divorce, per Louisiana Code of Civil Procedure Article 1001 as amended effective January 1, 2022 (previously 15 days). If the plaintiff serves written discovery with the suit, the respondent has 30 days to respond. If the respondent fails to file an answer within 21 days, the court takes the allegations of the petition as admitted, and the petitioner may pursue a default judgment of divorce. A default judgment cannot be rendered until 30 days after an affidavit of proof of service has been filed into the record. If the respondent has appeared in the case, the petitioner must send certified mail notice of intent to obtain a default judgment at least 7 days before the default can be rendered. The respondent may file an answer to deny fault allegations, request incidental relief (custody, support, property), or raise reconciliation as a defense.

For Article 102 divorces, the spouses must live separate and apart continuously without reconciliation for the full statutory period after service of the petition: 180 days if there are no minor children of the marriage, or 365 days if there are minor children, per Louisiana Civil Code Article 103.1. Living separate and apart means physically residing in different residences — Louisiana courts have interpreted this strictly. Any reconciliation during the waiting period resets the clock entirely. During this period, either party may file motions for incidental relief including temporary custody (La. CC Art. 131), child support (La. RS 9:315 et seq.), interim spousal support (La. CC Art. 113), or exclusive use of the family home. The community property regime terminates retroactively to the date the Article 102 petition was filed, protecting the filing spouse from new community debts incurred by the other spouse after that date.

For Article 102 divorces, after the 180-day or 365-day waiting period expires, file a Rule to Show Cause Why Divorce Should Not Be Granted along with the Verified Affidavit (per CCP Art. 3952) and the Louisiana Civil Code Article 102 Divorce Checklist (Supreme Court Appendix 27.0A). The Rule must be served on the respondent per La. RS 13:3492 with notice of the hearing date. At the hearing, the mover must present the entire record and checklist to the court and provide two witnesses who can testify under oath that the spouses have lived separate and apart without reconciliation for the required period. For Article 103 divorces, after the 21-day answer period and the 30-day default waiting period, complete the Affidavit of Correctness before a notary and submit the proposed Default Judgment form to the court. The judge will review the record and sign the judgment without a hearing in most uncontested cases.

After the divorce judgment is rendered, the former community property must be divided. Spouses may agree on an amicable partition of community property by written agreement at any time. If they cannot agree, either party may institute a judicial partition proceeding under Louisiana Revised Statutes 9:2801, which is the exclusive procedure for partitioning the former community. Within 45 days of service of a partition motion, each party must file a Sworn Detailed Descriptive List (Louisiana Supreme Court Appendix 30.0A) listing all community assets, their fair market value, location, and all community liabilities. Within 60 days of service of the last filed descriptive list, each party must traverse or concur in each item and valuation. The court values assets as of the date of trial, determines liabilities, and divides the community so each spouse receives property of equal net value. An obligation for accounting prescribes in 3 years from termination of the community property regime.

If minor children are involved, the court must establish custody, visitation, and child support as incidental matters to the divorce. Louisiana uses the best interest of the child standard under Louisiana Civil Code Article 134, which lists 12 factors the court considers. Child support is calculated using the Louisiana Child Support Guidelines under La. RS 9:315 et seq., which use an income shares model based on both parents' gross income, the number of children, and qualifying expenses such as health insurance and daycare. Under La. RS 9:306, the court may require parents to attend a court-approved parenting education seminar lasting 3 to 4 hours, focused on the developmental needs of children during divorce. Mediation of custody disputes is discretionary under La. RS 9:332 — the court may order it but cannot require it in family violence cases per La. RS 9:363. Either parent may request a custody evaluation or guardian ad litem appointment.

Once the court signs the Judgment of Divorce, request at least three certified copies from the Clerk of Court — you will need them for updating identification documents, financial accounts, and property records. If you were granted In Forma Pauperis status, the court should provide a certified copy; otherwise, expect to pay a per-page certification fee. The judgment becomes effective on the date it is signed by the judge. Louisiana does not have a waiting period after the judgment before it takes effect. Record the judgment with the parish Recorder of Mortgages if real property is involved, to provide notice to third parties of the change in ownership. Update your Louisiana driver's license, Social Security records, bank accounts, insurance policies, retirement beneficiary designations, estate planning documents (will, power of attorney, healthcare directive), and voter registration to reflect any name changes or status changes resulting from the divorce.