Louisiana · Uncontested divorce · Updated Oct 2026

Uncontested divorce in Louisiana

What couples who agree need to know in Louisiana: how agreed cases are handled, the residency rule, the waiting period, the official forms, the fee waiver, how your spouse can sign instead of being served and mediation.

The short answer

How agreed cases are handled in Louisiana: 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.

Who can file (residency)
See the rule
Waiting period
See the rule
Filing fee
Check with your court

How agreed divorces are handled in Louisiana

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.

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

Forms, fees and filing in Louisiana

Official forms
Divorce forms (Louisiana courts)
Court self-help
Divorce self-help (Louisiana courts)
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.

If your spouse agrees to 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).

If you agree on only some issues

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

An uncontested 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. Check how agreed cases are finished

    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. Fill in the official forms

    Use the court's official divorce forms: Divorce forms (Louisiana courts)

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

    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.

  5. Have your spouse sign or be served

    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).

  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. Get the final decree

    The judge signs the final decree (judgment), which ends the marriage. Get a certified copy and keep it.

Questions about uncontested divorce in Louisiana

Is there a simplified divorce for agreed cases in Louisiana?

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.

How long does an uncontested divorce take in Louisiana?

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.

Who can file for an uncontested divorce in Louisiana?

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).

Does my spouse have to be served if we agree 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).

Is mediation required in Louisiana?

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

More about divorce in Louisiana

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Sources

Last checked: Oct 24, 2026.