How Long Does Divorce Take in Louisiana

Louisiana's divorce process is unlike any other state in America. As the only state with a civil law system rooted in the Napoleonic Code rather than English common law, Louisiana offers two distinct paths to divorce with unique terminology, procedures, and timelines that can confuse even experienced attorneys from other states.

Understanding how long your Louisiana divorce will take requires grasping the fundamental difference between Article 102 and Article 103 divorces, recognizing whether your separation period is 180 or 365 days based on whether you have minor children, and navigating Louisiana's specialized procedural requirements including the "Rule to Show Cause" process.

Louisiana's Two Divorce Paths: Articles 102 and 103

Louisiana Civil Code provides two primary routes for no-fault divorce, each with drastically different procedural pathways and timelines. The choice between them depends entirely on your timing—whether you've already completed the required separation period before filing.

Article 102 Divorce (File-Then-Wait): Under Louisiana Civil Code Article 102, you can file for divorce immediately, even while still living together. After filing and serving the petition (or obtaining a written waiver), you must then complete the required separation period—180 days if you have no minor children, or 365 days if you have minor children of the marriage. Once that period expires and you've lived continuously separate and apart, you file a verified "Rule to Show Cause" requesting the court to finalize your divorce.

Article 102 divorces proceed via summary procedure, meaning they follow a streamlined "rule" process rather than standard civil litigation. Critical timing requirement: if you don't file your Rule to Show Cause within two years of serving the original petition (or obtaining the waiver), your case is automatically abandoned under Louisiana Code of Civil Procedure Article 3954.

Article 103(1) Divorce (Already Separated): If you've already been living separate and apart for the required period before filing, you can file under Louisiana Civil Code Article 103(1). This route proceeds as an ordinary proceeding (standard civil litigation), with the defendant having 21 days to answer after service of citation. If uncontested, you can obtain a judgment relatively quickly through default procedures or stipulated judgments.

Key Distinction: Article 102 = file first, separate later, finalize with Rule to Show Cause. Article 103(1) = separate first, file when ready, finalize through ordinary procedure. Mixing up these procedural paths can result in absolute nullity of your judgment.

180 Days vs. 365 Days: The Separation Timeline

Louisiana's separation requirements hinge on one critical factor: whether you have minor children of the marriage. Under Louisiana Civil Code Article 103.1, the mandatory separation period is:

• 180 days (approximately 6 months) if you have no minor children together
• 365 days (one full year) if you have minor children of the marriage

These periods apply to both Article 102 and Article 103(1) divorces. For Article 102, the clock starts on the date of service of the petition (or the date of written waiver if service is waived). For Article 103(1), you must prove the separation was already completed before you filed.

"Living separate and apart" in Louisiana has a strict meaning: you must physically reside in different locations. Unlike some states that permit in-home separation, Louisiana requires actual physical separation with the intent to live apart permanently. The separation must be continuous—any reconciliation or resumption of sexual relations resets the clock to zero, requiring you to start the entire separation period over.

Louisiana law includes an important exception to these waiting periods: if your divorce is based on fault grounds under Article 103(2)-(5)—such as adultery, felony conviction, physical or sexual abuse, or an existing protective order—there is no mandatory separation period. These fault-based divorces can proceed immediately once grounds are proven.

Article 102 Detailed Timeline and Process

The Article 102 "file-then-wait" process follows a specific sequence mandated by Louisiana Code of Civil Procedure Articles 3951-3956:

Step 1: Filing (Day 0): File a verified petition for divorce under Article 102 in the parish where either spouse is domiciled or the last matrimonial domicile. Louisiana uses domicile (your true, permanent home), not mere residency. A rebuttable presumption of domicile arises after six months of residence in a parish under Louisiana Code of Civil Procedure Article 10.

Step 2: Service (Within 90 Days): You must request service of the petition within 90 days of filing. Article 102 does not use traditional citation; instead, the clerk issues a statutory "Notice of Suit" under Louisiana Revised Statutes § 13:3491 containing specific warnings about the separation period and two-year abandonment rule. Alternatively, your spouse can execute a written waiver of service filed in the record.

Step 3: Separation Period (180 or 365 Days): From the date of service or waiver, complete the required continuous separation. Calendar this carefully—Louisiana courts will absolutely nullify judgments where the Rule to Show Cause was filed even one day too early.

Step 4: Rule to Show Cause (After Separation Complete): File a verified Rule to Show Cause supported by affidavits proving: (1) jurisdiction and venue; (2) proper service or waiver of the original petition; (3) the requisite time elapsed; and (4) continuous separation throughout that period. The clerk issues another notice under Louisiana Revised Statutes § 13:3492.

Step 5: Final Judgment: If all procedural requirements are met and the evidence is sufficient, the court grants the divorce. Total timeline for Article 102: approximately 6-8 months (no kids) or 12-14 months (with kids), depending on court dockets.

Article 103(1) Process: The Faster Alternative

If you've already satisfied the 180-day or 365-day separation requirement before filing, Article 103(1) offers a potentially quicker path to finalization:

Uncontested Article 103(1) Timeline: File petition with citation → Serve defendant → Defendant signs affidavit waiving service, legal delays, trial notice, and appearance → Enter default judgment under Louisiana Code of Civil Procedure Articles 1701-1702 → Judgment signed. Many parishes provide specific checklists (such as East Baton Rouge Family Court Form 1) for these streamlined 103(1) defaults. Total time from filing to judgment: as little as 2-6 weeks in cooperative cases.

Contested Article 103(1): If your spouse contests the divorce or disputes related issues (custody, property, support), the case proceeds as ordinary litigation with discovery, motions, and potentially trial. Contested Article 103 divorces typically take 6-18 months depending on complexity.

Domicile and Venue: Louisiana's Unique Requirements

Louisiana requires domicile, not simple residency. Domicile is your true, fixed, permanent home—the place you intend to return to and remain. A Louisiana court has jurisdiction to grant a divorce if, at the time of filing, one or both spouses are domiciled in Louisiana.

After six months of maintaining a residence in a Louisiana parish, there's a rebuttable presumption you're domiciled there. For military personnel, special rules apply: under Louisiana Code of Civil Procedure Article 11, service members stationed at Louisiana installations for at least six months who have resided in the filing parish for 90 days immediately before filing are considered domiciled there.

Venue (which parish to file in) is mandatory and cannot be waived. You must file in: (1) any parish where either spouse is domiciled, or (2) the parish of the last matrimonial domicile. Filing in the wrong parish results in absolute nullity of any judgment.

Estimate Your Louisiana Divorce Costs

Louisiana parish fees vary significantly. Use our calculator to estimate total costs based on your situation:

Filing deposits in Louisiana parishes range from $250-$600+ depending on your parish and case complexity. Jefferson Parish lists $500 for "Divorce with one service" and $600 for "Divorce with Rule." Tangipahoa Parish shows $250-$350 depending on services needed.

Frequently Asked Questions

Can I file for divorce before being separated for 180/365 days?
Yes, under Article 102 you can file immediately, even while living together. You then complete the separation period after filing before finalizing with the Rule to Show Cause. If you've already separated for the required period, file under Article 103(1) instead.

What happens if my spouse and I reconcile during the separation period?
Any reconciliation or resumption of sexual relations during the separation period resets the clock to zero. You must complete another full 180 or 365 days of continuous separation before proceeding. Louisiana courts strictly enforce the "continuous" requirement.

Do I need to live in separate homes, or can we be separated in the same house?
Louisiana requires physical separation in different residences. In-home separation does not satisfy the "living separate and apart" requirement. You must maintain separate households throughout the entire 180 or 365-day period.

What if I miss the 2-year deadline to file my Article 102 Rule to Show Cause?
Your Article 102 action is automatically abandoned if you don't file the Rule to Show Cause within two years of service or waiver of the original petition. The case dismisses without court order, though a party can move ex parte to enter formal dismissal. You would need to file an entirely new divorce action.

Conclusion

Louisiana's divorce timeline is shaped by its unique civil law heritage and dual-track system. Whether you pursue an Article 102 "file-then-wait" approach (6-8 months for couples without kids, 12-14 months with children) or an Article 103(1) "already-separated" pathway (potentially as fast as 2-6 weeks if uncontested), understanding the procedural distinctions and strict separation requirements is essential for planning your transition.

The 180-day versus 365-day separation timeline, the Rule to Show Cause process, and Louisiana's domicile requirements create complexity that rewards careful planning and attention to detail. For step-by-step guidance on preparing your Louisiana divorce petition, consult our Louisiana divorce filing checklist. Working with experienced Louisiana family law counsel familiar with your parish's specific procedures can help you navigate these uniquely Louisiana requirements efficiently.