Louisiana · Serving papers · Updated Oct 2026

Serving divorce papers in Louisiana

Service of divorce papers in Louisiana, from official sources: who can deliver the papers, how your spouse can accept or waive service, the deadline to respond, what happens without a response and the law.

The short answer

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). 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).

Accept or waive service
Yes
Law
La. Code Civ. Proc. arts. 1001, 1201; La. Civ. Code art. 102

How papers are served in Louisiana

  • 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.

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

Deadline to respond and default

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).

If your spouse doesn't respond in time, you can usually ask the judge for a default judgment.

Serving your spouse in Louisiana, step by step

  1. File your papers first

    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. Service comes after filing.

  2. Serve the papers

    If your spouse can't be found, the court can appoint an attorney (curator) to represent them.

  3. Or have your spouse sign

    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).

  4. File proof of service

    File the proof of service with the court.

  5. Watch the deadline

    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).

  6. If there is no response

    If your spouse doesn't respond in time, you can usually ask the judge for a default judgment.

Questions about serving divorce papers in Louisiana

How do you serve divorce papers in Louisiana?

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.

Can my spouse accept or waive service in Louisiana?

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).

How long does my spouse have to respond in Louisiana?

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).

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Sources

Last checked: Oct 24, 2026.