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Filing for divorce in Louisiana

What you file, where you file, what it costs, and the rules that catch people out. Compiled from Louisiana court and statute sources.

How to read these entries.

This is general legal information compiled from state court websites, state statutes, and official self-help materials. It is not legal advice, and reading it does not create an attorney-client relationship with anyone.

Why we publish it. Most people meet the family law system once, at the worst moment of their life, knowing nothing about it. That gap is where people get overcharged and poorly served. This page exists so you can walk in already knowing roughly how your state works, ask sharper questions, and recognize when an answer does not sound right. It is here to help you hold your attorney to a standard, not to replace what they do.

Talk to a lawyer licensed in your state. That is the normal path, not a fallback for when something goes wrong. Nothing here can account for the facts of your marriage, your finances, or your children, and those facts are usually what determines the outcome. Many states also have free legal aid and court self-help centers, and we link to them by state.

Verify before you rely on anything. Every entry cites its source. Follow that citation to the official state site and confirm it still says what we say it says, and that it applies to your situation. Filing fees, form numbers, e-filing rules, and local standing orders change frequently, and a form number that was right last year can get your filing rejected today.

The same state can treat you very differently depending on whether your spouse agrees, whether you have minor children, whether you file jointly or alone, and which county or judge hears it. Waiting periods run from filing in some states and from service in others. Deadlines described here as fixed are the statutory default, and a judge may still have narrow discretion in an emergency.

If you are in danger, do not wait on any of these timelines. An order of protection is a separate and much faster process than a divorce, and it does not depend on any waiting period described on this page.

Your roadmap
What you file
Petition for Divorce, notarized, stating domicile, parish venue, and grounds
Verification and Affidavit of Correctness
Acceptance and Waiver of Service, if your spouse cooperates
Notice of Suit, the statutory notice served with an Article 102 petition
Rule to Show Cause plus verified affidavits, for the Article 102 path only
Affidavit of non-military status for your spouse
Divorce checklist, Appendix 27.0A, required by many district courts at the hearing
Judgment of Divorce, and a pauper's affidavit if you need the fee waived
Where you fileClerk of Court in the correct parish, where either spouse is domiciled or the last matrimonial domicile was. Filing in the wrong parish voids the judgment.
What it costsRoughly $150 to $600 by parish, plus $25 to $100 for sheriff service. Waivable.
The sequence
1. Pick your article. File under 102 if you have not finished the separation period yet, or under 103 if you already have. This choice changes everything that follows.
2. Complete the free self-represented packet from the Louisiana State Bar Association, but do not sign until you are in front of a notary.
3. File with the parish Clerk of Court and serve your spouse within 90 days, or have them sign the acceptance and waiver.
4. Complete the separation period, 180 days without minor children or 365 days with them, counted from the date of service.
5. On the 102 path, file a Rule to Show Cause with a sworn affidavit and serve it again. On the 103 path, seek a default judgment or proceed after the answer deadline.
6. Attend the hearing. Some parishes expect witnesses and a completed divorce checklist introduced in open court.
Article 102 ends the community property regime retroactive to the filing date, while 103 ends it on the filing date. Many clerks are far more familiar with 102 filings and may wrongly ask a 103 filer for a Rule to Show Cause. The Rule must be filed within two years of service or the waiver.
Court forms

Louisiana files in the district court of the correct parish, and filing in the wrong parish makes the judgment void. An Article 103 divorce is filed after the separation period is already complete; an Article 102 is filed first, then finalized by a Rule to Show Cause after the wait. Filing fees run about $200 to $410 by parish.

Louisiana Law Help (Civil Legal Navigator)Free guided Article 102 and 103 divorce packets, with and without children.
Louisiana State Bar Association: self-help formsFree self-represented divorce forms and parish clerk of court information.
State rules and gotchas

Louisiana runs on the Napoleonic Code: parishes, domicile, and community property Verified Jul 2026

Unlike every other state, Louisiana uses parishes instead of counties and a civil-law code. You must be domiciled here (six months of residence creates the presumption), file in the correct parish or the judgment is void, and property is split under community-property rules, so most assets and debts acquired during the marriage are owned 50/50.

Source: La. C.C.P. Article 10 and the Louisiana Civil Code. Confirm the current rule with the court before relying on it.

You must live apart, in separate homes, for 180 or 365 days, and any slip resets it Verified Jul 2026

Louisiana's no-fault divorce requires a mandatory separation: 180 days without minor children, 365 days with them. "Separate and apart" is strict here, you need separate residences, not just separate bedrooms, and any reconciliation or intimacy during the period restarts the entire clock.

Source: Louisiana Civil Code Articles 102, 103, and 103.1. Confirm with the court.

A covenant marriage is far harder to end Verified Jul 2026

Louisiana is one of only three states offering covenant marriage. If you signed one (it is noted on your marriage certificate), you cannot use ordinary no-fault divorce. You must complete mandatory counseling and either prove a fault ground or live apart for two years.

Source: La. R.S. 9:307. Confirm with the court.

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