Louisiana Divorce Details
Residency Requirements
The spouse who files for divorce (the Plaintiff) must be a resident of Louisiana for at least 12 months before filing. Divorces are filed in the parish where either spouse lives or in the parish where the spouses last lived together as husband and wife.
Grounds
In Louisiana, there are two no-fault options when seeking a divorce:
- Article 102: the spouses must live separate and apart without reconciliation for 180 days after filing for divorce (365 days if minor children are involved).
- Article 103: the spouses must have lived separate and apart without reconciliation for 180 days before filing for divorce (365 days if minor children are involved).
Filing Your Louisiana Divorce
After completing the online interview, DivorceWriter sends you the forms you prepared online along with detailed Louisiana filing procedures. You start the divorce process by filing the initial divorce documents with the Clerk of the District Court in the county where either spouse resides or where the spouses last lived together. The basic steps for filing your divorce are as follows:
Article 102 Divorce
If you want to file for divorce immediately, but your and your spouse have not yet been separated for 365 days (180 if there are no minor children), you must file under Article 102. If you and your spouse have already been living separate and apart for that length of time, file for divorce under Article 103.
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File the Petition for Divorce.
File the Petition for Divorce and notarized Verification with the Court Clerk. -
Have your spouse accept service.
Your spouse signs documents accepting service, so formal service by the sheriff is not required. -
Meet the separation requirement and finalize.
Wait 365 days (or 180 days if there are no minor children) to meet the separation requirement, then file the paperwork needed to finalize the divorce.
Article 103 Divorce
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File and serve the paperwork.
Once you’ve met the separation requirement (365 days, or 180 days if there are no minor children), file the Petition for Divorce and provide your spouse with copies so they can sign documents accepting service without formal service. -
Obtain a default judgment.
After your spouse signs and returns the service documents, you file them with the court and request a default judgment. Some parishes allow this step to be completed without a hearing, while others require a brief court appearance. -
Complete final documents and finalize the divorce.
After the default judgment is signed, additional documents are filed to address custody, child support, and property issues (if applicable), and the judge signs the final Judgment of Divorce.
What is included in the DivorceWriter Package?
- Includes all documents needed to complete your divorce.
- Property division, debt, and spousal support are covered.
- Child support, parenting plan, name restoration, and more.
- Receive your package instantly online, or receive by mail.
- Make unlimited changes for two years.
- Note: The DivorceWriter fee does not include the filing fee charged by the Court Clerk in your county.
Included Louisiana Divorce Forms
*Used in divorce with minor children only
102 Divorce
- Notice of Suit (Caddo Parish)
- Coversheet (Orleans Parish)
- Pro Se Petition for 102 Divorce
- Verification
- Acceptance of Service and Waiver of Citation and All Delays
- Verified Motion, Order, and Rule to Show Cause
- Notice of Rule to Show Cause
- Acceptance and Waiver of Service of Rule to Show Cause
- Evidentiary Affidavit (also called Final Affidavit)
- Witness Affidavit
- 102 Checklist
- Child Support Worksheet*
- Settlement Agreement
- Joint Custody Plan* (if applicable)
- Judgment of 102 Divorce
103 Divorce
- Notice of Suit (Caddo Parish)
- Coversheet (Orleans Parish)
- Pro Se Petition For 103(1) Divorce
- Acceptance of Service and Waiver of Citation and All Delays
- Affidavit of Correctness in Lieu of Testimony (sometimes also referred to as Affidavit of Fact, Mover's Affidavit or Plaintiff's Affidavit)
- Affidavit of Witness
- Child Support Worksheet*
- Default Confirmation
- Joint Stipulation and Consent Judgment for Custody, Visitation and Child Support*
- Settlement Agreement (if applicable)
- Joint Custody Plan* (if applicable)
- Judgment of 103(1) Divorce
What Our Customers are Saying
"Divorce is the toughest thing that I have had to ever face. DivorceWriter helped make the paperwork and process smooth, efficient, and as painless as possible. Everything was delivered as promised, I was allowed to make changes after my paperwork was delivered, and the judge had absolutely no questions whatsoever regarding the paperwork. It truly was a very easy process." -Jeff P.
