How do I file for divorce in Louisiana?

Louisiana divorce is governed by La. Civil Code Articles 101–105 and is unique because Louisiana is the only U.S. civil-law state.

1. Residency Requirements — One spouse must be domiciled in Louisiana when the petition is filed. The action is filed in the parish of either spouse's domicile or their last matrimonial domicile.

2. Three Marriage Regimes — Standard marriage and two covenant marriage variants (Acts 1997 No. 1380). Covenant marriages have stricter divorce requirements.

3. Standard Marriage Grounds:

- Article 102 — File a petition for divorce; after 180 days of living separate and apart (365 days if minor children), file a Rule to Show Cause for the divorce decree.

- Article 103(1) — Spouses have already lived separate and apart 180 days (365 days if minor children) before the petition is filed.

- Article 103(2)–(5) — Adultery; conviction of a felony with death or hard labor sentence; physical or sexual abuse; protective order against the other spouse.

4. Required Forms — Petition for Divorce (Art. 102 or 103), Verification, request for service, and (if children) related custody and support pleadings.

5. Filing Fee — Varies by parish, approximately $300–$400. In Forma Pauperis available.

6. Service of Process — Sheriff or private process server. Respondent has 15 days to file an answer (30 days if served via the long-arm statute).

7. Property Division — Louisiana is a community property state. Property acquired during marriage is community and divided equally (50/50) at divorce. Separate property remains with the owning spouse.

8. Final Judgment — A Judgment of Divorce signed by the district court ends the marriage. Spousal support and partition of community property are typically separate proceedings.

This is legal information, not legal advice.