Divorce Resources in Louisiana: Court Forms, Legal Aid & Filing Guide

To file for divorce in Louisiana, you must choose between two types of no-fault divorce established by the Louisiana Civil Code. An Article 102 divorce is filed before the separation period has elapsed — the 180-day separation clock (365 days with minor children) starts after the petition is served on your spouse under La. C.C. Art. 102 and La. C.C. Art. 103.1. An Article 103(1) divorce is filed after the spouses have already lived separate and apart for 180 continuous days (365 days with minor children) under La. C.C. Art. 103(1). Article 103 divorces are generally simpler, faster, and less expensive because they can typically be resolved through a default judgment without a court hearing.

File your Verified Petition for Divorce with the clerk of court in the parish of your last matrimonial domicile, or in the parish where either spouse currently resides, as required by La. C.C.P. Art. 3941. Louisiana filing fees vary by parish — typically ranging from $200 to $500 for the initial petition. In Jefferson Parish, the filing fee is $400 with acceptance of service or $500 with one service. In Orleans Parish, the filing fee is approximately $332.50. Contact your local clerk of court for the exact amount. Pay the filing fee or, if you cannot afford it, submit an In Forma Pauperis Affidavit under La. C.C.P. Art. 5181 to request a fee waiver.

After filing, your spouse must be served with the petition. Your spouse may sign an Acceptance and Waiver of Service, or the sheriff can serve the petition personally. If your spouse cannot be located, the court may authorize service by publication through a local newspaper under La. C.C.P. Art. 5091, and a curator may be appointed. For an Article 102 divorce, after the separation period elapses, you must file a Rule to Show Cause for Final Divorce along with verified affidavits and bring two witnesses to court who can testify the spouses have lived apart without reconciliation for the required period. For an Article 103 divorce, the petition itself contains a sworn affidavit and the divorce can usually be granted by default judgment under La. C.C.P. Art. 1702(F).

Louisiana is a community property state under La. C.C. Art. 2325-2369.8. If the parties cannot agree on property division, either spouse may file a partition action under La. R.S. 9:2801, which requires each party to submit a sworn detailed descriptive list of all community assets and liabilities within 45 days of service. Incidental matters — including child custody, child support, spousal support, and community property — may be filed as separate actions or included in the divorce proceeding. The court may order parenting education classes under La. R.S. 9:331.2 and may order mediation in custody disputes under La. R.S. 9:332. Louisiana also recognizes fault-based divorce under La. C.C. Art. 103(2)-(4) for felony conviction, physical or sexual abuse, or violation of a protective order.

Louisiana courts may order parenting education classes in custody and visitation proceedings under La. R.S. 9:331.2 (formerly La. R.S. 9:306, redesignated by Acts 2019, No. 239). Parenting classes are not automatically mandatory in every divorce — the court may order them upon motion of any party, on its own motion, or upon agreement of the parties for good cause shown. The program must be a minimum of 3 hours but no more than 4 hours, and costs shall not exceed $25 per person. Programs must be taught by licensed psychiatrists, psychologists, professional counselors, or social workers with advanced training in co-parenting instruction. Course content covers the developmental needs of children at different ages, stress indicators during parental separation, age-appropriate expectations, and visitation recommendations. Statements made during the program are confidential and cannot be used as evidence in the pending proceeding. Some parishes accept online completion; others require in-person attendance — check your local court rules.

Louisiana courts may order mediation in custody and visitation disputes under La. R.S. 9:332. Mediation is discretionary, not mandatory — the statute provides that the court "may" order parties to mediate, and many parishes routinely do so. The court may stay further custody proceedings for up to 30 days pending mediation. Costs may be paid by either party or both jointly; if mediation concludes without agreement, costs are taxed as court costs. If an agreement is reached, the mediator prepares a written, signed, and dated agreement. All statements made during mediation are confidential and inadmissible in court proceedings. Qualified mediators must hold a four-year degree and complete 40 hours of general mediation training plus 20 hours of specialized child custody mediation training, or hold a professional license and complete reduced training hours under La. R.S. 9:334. Critical exception: under La. R.S. 9:332(B), a party who demonstrates to the court that they or any of the children have been victims of family violence perpetrated by the other party shall not be court-ordered to participate in mediation.

Louisiana requires a sworn detailed descriptive list as the primary financial disclosure in divorce proceedings involving community property partition under La. R.S. 9:2801. Within 45 days of service of a motion by either party, each spouse must file under oath a complete descriptive list of all community property (with fair market value and location of each asset) and all community liabilities. Each party must affirm under oath that the list contains all community assets and liabilities known to them. The opposing party then has 60 days from the date of service of the last filed descriptive list to either traverse (challenge) or concur in the inclusion, exclusion, and valuation of each item under La. R.S. 9:2801(A)(2). The court may extend these deadlines for good cause. If a party fails to timely file a sworn detailed descriptive list, the other party may file a rule to show cause to have their own list deemed the judicial determination of community assets and liabilities — with no opportunity for traversal. The court may appoint experts to assist with classification, appraisal, and allocation of assets under La. C.C.P. Arts. 192 and 373.