Louisiana Divorce Laws & How to File 2023 Guide (2024)

You can file for divorce in Louisiana if either you or your spouse is domiciled in the state at the time you file a petition to end your marriage. You’re considered domiciled if you live in the state. Domicile exists in the state if you have a driver’s license there, register your car in the state, file a tax return there or are registered to vote there.

When you petition the court for a divorce, you must provide a reason to end the marriage. The reason is the grounds for divorce. Louisiana has both fault and no-fault divorces. You may be eligible for a no-fault divorce if:

• You and your spouse have no children together under 18 and have lived separately for 180 days or more
• You and your spouse have children together under 18 and have lived separately for 365 days or more

You are eligible for a fault divorce if:

• Your spouse committed adultery
• Your spouse sexually abused you, your child or your spouse’s child during the marriage, regardless of whether criminal charges were filed
• Your spouse committed a felony and was sentenced to either imprisonment with hard labor or death
• A protective order or injunction was issued to protect against domestic abuse of you, your child, or your spouse’s child

Article 102 vs. Article 103 divorce

In Louisiana, you can file for divorce under either Article 102 or Article 103.

• An Article 102 divorce allows you to file for divorce and then live separately for the required time period
• An Article 103 divorce is appropriate if you have already lived separately

The right option for you depends on whether you are already living apart or not.

Covenant Marriage and Divorce in Louisiana

Louisiana recognizes covenant marriages, which couples can choose to enter into if they sign a declaration of intent stipulating the following:

• They agree to live together as husband and wife
• They have carefully chosen each other and disclosed any information that could adversely impact the decision to get married
• They have received premarital counseling from a clergy member or professional marriage counselor
• They commit to making all reasonable efforts to preserve their marriage if trouble arises, including getting marital counseling if they experience difficulties

If you have entered into a covenant marriage, you cannot divorce until you have had marital counseling and there are limited reasons for divorce including the following:

• Your spouse committed adultery
• Your spouse committed a felony and was sentenced to imprisonment via hard labor or death
• Your spouse abandoned you for at least a year
• Your spouse sexually abused you or your or your spouse’s child
• You and your spouse have lived separate and apart for two years, for one year and six months if you legally separated if there are minor children of the marriage, for one year if the legal separation occurred due to domestic abuse or for a year in all other situations involving legal separation

To file for divorce in Louisiana, you must file a petition in the parish where you and your spouse lived as a married couple or in the parish where you or your spouse currently live. You can find the right court by checking a Map of Judicial Districts.

You need to submit certain forms to the court, with the specifics depending on what kind of divorce you are pursuing. The Louisiana State Bar Association provides guided forms as well as fillable forms for different types of divorces including a divorce with and without minor children.

You will need to pay court filing fees, which vary by parish but which can total several hundred dollars. If you are unable to afford the fees, you can submit an affidavit to the court asking the court to proceed in forma pauperis (IFP) and have fees waived.

After you have submitted the required forms to the court, your spouse needs to be provided with notification–service of process–and given the opportunity to answer your petition by submitting court forms of their own.

Your case may either proceed to a divorce hearing or may finalize without a hearing, depending on the type of divorce you have chosen.

Your spouse must be given proper notification that you have filed for divorce. You can request that a sheriff serve the divorce papers to your spouse, but will have to pay a fee. You can serve your spouse with papers by certified mail if they live outside of the state.

You can simplify this process if your spouse is willing to sign a Waiver of Service/Acceptance of Service form in front of a notary.

When you divorce in Louisiana, your divorce will be contested or uncontested.

If it is contested, that means you and your spouse cannot agree on the issues raised by the dissolution of your marriage. You’re essentially asking the court to decide on things you can’t compromise on, such as how custody should be shared or how property should be divided. Contested divorces are more expensive and you may not end up happy with the outcome.

An uncontested divorce occurs when you and your spouse agree on the issues and draft your own divorce settlement. SInce you can compromise and create your settlement together, this is more likely to result in an outcome that’s right for your family–as long as you and your spouse can find a way to work together. This can also be a cheaper option.

Divorce in Louisiana can be complicated, as you will need to decide whether to file for an Article 102 or Article 103 divorce, and you will need to make sure you file the correct paperwork with the court. You’ll also want to be certain you protect your rights if a settlement agreement is reached.

A Louisiana family law attorney can help you to navigate the process so you end up with the most favorable divorce settlement possible with no unnecessary delays in the process.