Louisiana divorce laws

Where and how to file in Louisiana

Who can file (residency)

You or your spouse must be domiciled in Louisiana when you file. If you have lived in a parish for 6 months, the law presumes you are domiciled there (the presumption can be challenged).

Waiting period

For a no-fault divorce you must live separate and apart for 180 days if you have no minor children, or 365 days if you do. Under Article 102 you can file first and then must wait that period after service (or a signed waiver of service) and live apart that long before asking for the judgment. Under Article 103 you file after you have already lived apart that long. Fault grounds (adultery, felony imprisonment, abuse, protective order) have no waiting period.

Court

District Court (family court in some parishes, such as East Baton Rouge) in a parish where either spouse lives or last lived together

Official forms

Divorce forms (Louisiana courts)

Court self-help

Divorce self-help (Louisiana courts)

Filing fee

Check with your court

If you can't afford the fee

Ask to proceed in forma pauperis (without paying costs in advance) by filing an affidavit of poverty under La. Code Civ. Proc. arts. 5181-5188.

Simpler process for agreed cases

No summary procedure, but an uncontested no-fault divorce under Article 102 or 103 is usually finished on affidavit or a short hearing once the living-apart time is met.

Law

La. Code Civ. Proc. art. 10(A)(7), (B) · La. Civ. Code arts. 102, 103, 103.1

Divorce in Louisiana, step by step

1. Check that you can file in Louisiana

   You or your spouse must be domiciled in Louisiana when you file.

2. Get the official forms

   Use the court's official divorce forms: Divorce forms (Louisiana courts) No summary procedure, but an uncontested no-fault divorce under Article 102 or 103 is usually finished on affidavit or a short hearing once the living-apart time is met.

3. File the papers and pay the fee, or ask for a waiver

   File with the District Court (family court in some parishes, such as East Baton Rouge) in a parish where either spouse lives or last lived together. Can't afford it? Ask to proceed in forma pauperis (without paying costs in advance) by filing an affidavit of poverty under La. Code Civ. Proc. arts.

4. Serve your spouse

   Your spouse must be served by the sheriff (or a court-appointed process server), or can sign a written waiver of service (Civ. Code art. 102).

5. Your spouse responds

   21 days after service of citation (30 days if discovery requests were served with the petition); the court can grant more time (La. Code Civ. Proc. art. 1001). The summons states the deadline. If your spouse doesn't respond in time, you can usually ask for a default judgment.

6. Wait out the waiting period

   For a no-fault divorce you must live separate and apart for 180 days if you have no minor children, or 365 days if you do.

7. Agree, or go to mediation or a hearing

   Courts may order mediation of custody and visitation disputes (La. R.S. 9:332), except where there is family violence. If you agree on everything, you can usually submit a signed agreement. If not, the judge decides the issues you can't settle.

8. Get the final decree

   The judge signs the final decree (judgment), which ends the marriage. Get a certified copy and keep it. Name change: Louisiana spouses keep their own names by law and may use the other's surname; after divorce you can simply go back to your former name.

Free tools for Louisiana

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Divorce timeline estimator for Louisiana

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Grounds for divorce in Louisiana

No-fault ground

living separate and apart for the required period (180 days, or 365 days with minor children)

Fault grounds

Also allowed

Living apart first

180 days (no minor children) or 365 days (minor children), continuously

Law

La. Civ. Code arts. 102, 103, 103.1 (covenant marriages have stricter rules)

Property and debts in Louisiana

System

Community property

The rule

Property acquired during the marriage is community property, owned equally. When the community ends, it is partitioned so each spouse gets property of equal net value. Property owned before marriage or received by gift or inheritance is usually separate.

Law

La. Civ. Code arts. 2336, 2338, 2341; La. R.S. 9:2801

Alimony (spousal support) in Louisiana

Called spousal support. Interim support may be ordered while the case is pending. Final periodic support is available to a spouse who was not at fault before filing and is in need, based on factors like income, earning capacity, custody, health, age and length of the marriage. It can't exceed one-third of the paying spouse's net income, except in domestic-abuse cases, where the victim is presumed entitled and the cap doesn't apply. La. Civ. Code arts. 111, 112.

Children: custody and support in Louisiana

What Louisiana calls custody

custody (joint custody with a domiciliary parent) and visitation

Parenting class

Some courts require a co-parenting seminar in custody cases; check with your parish court.

Child support agency

Louisiana Department of Children and Family Services, Child Support Enforcement

Serving your spouse in Louisiana

How your spouse gets the papers

Your spouse must be served by the sheriff (or a court-appointed process server), or can sign a written waiver of service (Civ. Code art. 102). If your spouse can't be found, the court can appoint an attorney (curator) to represent them.

Time to respond

21 days after service of citation (30 days if discovery requests were served with the petition); the court can grant more time (La. Code Civ. Proc. art. 1001).

Law

La. Code Civ. Proc. arts. 1001, 1201; La. Civ. Code art. 102

Going back to a former name in Louisiana

Louisiana spouses keep their own names by law and may use the other's surname; after divorce you can simply go back to your former name. Ask the clerk or legal aid about getting a court order if an agency requires one.

Mediation in Louisiana

Courts may order mediation of custody and visitation disputes (La. R.S. 9:332), except where there is family violence.

Free help in Louisiana

• Louisiana Law Help (legal aid)

Good to know in Louisiana

• Louisiana has no single no-fault ground: you must live apart 180 days (365 with minor children) (La. Civ. Code art. 103.1).
• Final spousal support is capped at one-third of the payer's net income unless there was domestic abuse (La. Civ. Code art. 112).

Divorce checklist for Louisiana

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Questions about divorce in Louisiana

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