Louisiana's divorce system is unlike any other state in America. Instead of simple residency requirements, Louisiana requires domicile, uses parishes instead of counties, and offers two distinct filing paths: Article 102 (file first, then separate) and Article 103 (separate first, then file). Understanding Louisiana's unique Civil Code articles, separation periods of 180 or 365 days, and parish-specific filing requirements is essential for navigating your divorce successfully.
This comprehensive checklist covers everything you need to file for divorce in Louisiana in 2025, from choosing between Article 102 and Article 103 procedures to understanding domicile requirements, parish venue rules, required forms, and filing fees that range from $220 to $600 depending on your parish. By the end, you'll have a clear roadmap for initiating your Louisiana divorce.
Louisiana's Unique Domicile Requirement
Unlike most states that require simple residency, Louisiana requires domicile—a legal status indicating you intend to make Louisiana your permanent home. At least one spouse must be domiciled in Louisiana when filing for divorce, according to La. C.C.P. art. 10.
Establishing domicile:
- Living in a Louisiana parish for six months creates a presumption of domicile
- This presumption can be rebutted if you can prove you didn't intend to remain permanently
- Active military members stationed in Louisiana for 6+ months with 90+ days in the filing parish are deemed domiciled there
Practical Tip: Domicile is about intent to remain, not just physical presence. Keep documentation showing Louisiana ties: voter registration, driver's license, bank accounts, employment, and utility bills in your name. A Louisiana court judgment is absolutely null if proper domicile wasn't established, so take this requirement seriously.
Article 102 vs Article 103: Choosing Your Filing Path
Louisiana offers two distinct divorce procedures under its Civil Code. Your choice depends on whether you've already completed the required separation period before filing.
Article 103 Divorce (Separate First, Then File)
An Article 103(1) divorce is appropriate when you've already been living separate and apart for the required time before filing. This is an ordinary proceeding that allows immediate filing once separation is complete, according to La. C.C. art. 103.
Required separation periods for Article 103:
- 180 days if no minor children of the marriage
- 365 days if there are minor children (under 18)
Advantages: Faster finalization once filed; no need to wait after filing; straightforward default procedures if uncontested.
Article 102 Divorce (File First, Then Separate)
An Article 102 divorce is used when you haven't yet completed the separation period. You file the petition first, then complete the required 180 or 365 days of separation after service, according to La. C.C. art. 102.
Article 102 process:
- File verified petition
- Serve petition within 90 days with statutory "Notice of Suit"
- Complete 180/365 days of continuous separation after service or written waiver
- File verified "Rule to Show Cause" with required affidavits
- Court grants divorce if all requirements proven
Critical deadline: If you don't file the Rule to Show Cause within two years of service or waiver, your Article 102 action is automatically abandoned, according to La. C.C.P. art. 3954.
Where to File: Parish Venue Rules
Louisiana uses parishes instead of counties. You must file in the correct parish to avoid having your judgment declared null. File in the parish where:
- Either spouse is domiciled, or
- The last matrimonial domicile was located
Venue in divorce is mandatory and cannot be waived. A judgment filed in the wrong parish is an absolute nullity, according to La. C.C.P. art. 3941.
Understanding Louisiana's Separation Periods
The required separation period depends on whether you have minor children and your type of marriage:
Regular (Non-Covenant) Marriage:
- 180 days of continuous separation if no minor children
- 365 days of continuous separation if minor children present
Covenant Marriage:
Louisiana recognizes covenant marriages, which have more restrictive divorce requirements. Couples in covenant marriages must complete two years of continuous separation or meet specific fault-based grounds after mandatory counseling, according to La. R.S. 9:307.
What "living separate and apart" means: The parties must live in separate residences. Merely sleeping in separate bedrooms in the same house typically doesn't satisfy Louisiana's requirements.
Filing Fees by Parish
Filing fees vary significantly by parish. Recent examples from parish clerks of court include:
- St. Tammany Parish: Approximately $220
- Tangipahoa Parish: $250-$350 depending on complexity
- Orleans Parish: $332.50
- Lafayette Parish: $300-$600
- Jefferson Parish: $400-$600 (source: Jefferson Parish Clerk of Court)
Additional costs include service fees ($50-$100), certified copies, and potential attorney's fees. For uncontested divorces without attorneys, total costs typically range from $300-$1,000.
Required Forms for Louisiana Divorce
Louisiana provides guided divorce forms through the Louisiana Civil Legal Navigator, which generates customized packets for Article 102 and Article 103 divorces with or without children.
Core Forms for Article 103 Divorces:
- Petition for Divorce - Alleging domicile, venue, and grounds
- Citation and service documents
- Waiver affidavit (if defendant waives service and appearance)
- Default confirmation package (if uncontested)
- Proposed judgment
Core Forms for Article 102 Divorces:
- Verified Petition for Divorce (must be notarized)
- Notice of Suit (statutory form per R.S. 13:3491)
- Verified Rule to Show Cause (filed after separation period)
- Affidavits of compliance and continuous separation
- Notice of Rule to Show Cause (per R.S. 13:3492)
East Baton Rouge Family Court provides comprehensive checklists (Forms 1, 2, and G) detailing exact requirements for each divorce type.
Calculate Your Louisiana Divorce Costs
Use our free calculator to estimate your total divorce costs based on your parish and circumstances. Get personalized estimates for filing fees, attorney costs, and additional expenses. To minimize your costs, check out our article on strategies to save money on divorce.
Divorce Cost Calculator
Get a personalized estimate of your potential divorce costs based on your situation and location
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Disclaimer: These estimates are based on national averages and research data. Actual costs may vary significantly. This calculator is for planning purposes only and does not constitute legal or financial advice. Consult with qualified professionals for personalized guidance.
Step-by-Step Filing Process
Here's a practical overview of the Louisiana divorce filing process:
- Establish domicile - Ensure at least one spouse is domiciled in Louisiana (6 months creates presumption)
- Determine correct article - Choose Article 102 (file first) or Article 103 (separate first) based on your separation status
- Confirm parish venue - File in parish where either spouse is domiciled or last matrimonial domicile
- Complete required forms - Use Louisiana Civil Legal Navigator or parish-specific packets
- File with parish clerk - Pay filing fee ($220-$600 depending on parish)
- Serve your spouse - Article 102: within 90 days with Notice of Suit; Article 103: citation and service
- Complete separation period - 180/365 days continuous separation
- Finalize divorce - Article 102: file Rule to Show Cause; Article 103: obtain default or judgment after answer deadline
Frequently Asked Questions
What's the difference between Article 102 and Article 103 divorces?
Article 103 is used when you've already been separated for 180/365 days before filing. Article 102 is used when you file first, then complete the separation period after service. Article 103 is generally faster and simpler if you qualify.
How long do I have to live in Louisiana before filing for divorce?
Louisiana requires domicile, not just residency. Living in a parish for six months creates a presumption of domicile, but the key is your intent to remain permanently (La. C.C.P. art. 10).
Can I file for divorce in any Louisiana parish?
No. You must file in the parish where either spouse is domiciled or where you had your last matrimonial domicile. Filing in the wrong parish makes your judgment null (La. C.C.P. art. 3941).
What happens if I don't file the Rule to Show Cause within two years?
For Article 102 divorces, if you don't file the Rule to Show Cause within two years of service or waiver, your divorce action is automatically abandoned (La. C.C.P. art. 3954).
What is a covenant marriage and how does it affect divorce?
Covenant marriages require pre-marital counseling and have more restrictive divorce grounds. You must complete two years of separation (versus 180/365 days for regular marriages) or prove specific fault grounds after mandatory counseling (La. R.S. 9:307).
