Uncontested vs Contested Divorce in Louisiana

Filing for divorce in Louisiana? The state offers two distinct no-fault paths: Article 102 (file first, then complete your separation period) and Article 103 (separation already completed before filing). Whether your case is uncontested or contested dramatically affects your timeline, costs, and stress level. Understanding your options can help you minimize divorce expenses.

Louisiana is a community property state where domicile—not mere residence—controls jurisdiction. You must be domiciled in Louisiana to file, and after six months of residence in a parish, domicile is presumed. The required separation period is 180 days without minor children or 365 days with minor children.

Quick Comparison: Uncontested vs Contested

What is an Uncontested Divorce in Louisiana?

An uncontested divorce means you and your spouse agree on all major issues including property division, alimony, and (if applicable) child custody and support. Louisiana offers two paths based on when you've completed your separation:

Article 103(1) - Separation Already Complete

If you've already lived separate and apart for the required period (180/365 days) before filing, you can use Article 103. This is the quickest path—your spouse has 21 days to respond, and if uncontested, a default judgment can follow within weeks.

Article 102 - File Then Wait

If you haven't completed the separation period, file under Article 102. After filing and service, you must live separate and apart for 180/365 days, then file a verified "Rule to Show Cause" with required affidavits to finalize. Note: You must file the Rule within two years of service or the case is automatically abandoned.

What is a Contested Divorce?

A contested divorce occurs when you and your spouse disagree on one or more major issues. Common disputes include child custody arrangements, community property division, spousal support (alimony), or sometimes the grounds for divorce itself.

Contested cases involve formal discovery, temporary hearings for immediate needs, and potential mediation. Courts may order mediation under R.S. 9:332 for custody disputes. If settlement isn't reached, the case proceeds to trial where the judge decides all disputed issues.

Cost Comparison

Uncontested Divorce Costs

• Filing deposit: $300–$600 (varies by parish)
• Sheriff service: ~$90 per service
• Certified copies: $20-$50
• Attorney (optional): $500-$1,500 for flat-fee simple divorce
• Total typical range: $300–$1,500

Contested Divorce Costs

• Filing deposits: $500-$1,000+ with multiple rules
• Attorney fees: $5,000-$15,000+ retainer; $200-$350/hour
• Discovery costs: Depositions, expert witnesses
• Custody evaluators: $2,000-$5,000 if needed
• Total average: $10,000-$30,000+ depending on complexity

Need a Detailed Cost Comparison?

The calculator above gives you a quick estimate. For a comprehensive breakdown comparing uncontested vs. contested costs, parish filing fees, and attorney fee ranges, get your full Louisiana cost comparison here.

Timeline Comparison

Uncontested (Article 103): If separation is already complete, expect 2-4 weeks for default processing after the 21-day response period. For more details, see our Louisiana divorce timeline guide.

Uncontested (Article 102): Add 180-365 days of separation after filing, then 2-4 weeks for the Rule to Show Cause processing.

Contested: Expect 6-12 months or longer. Complex custody disputes or community property partitions can extend cases to 18+ months.

Frequently Asked Questions

What's the difference between domicile and residence?

Domicile is your permanent home with intent to remain, while residence is simply where you live. Louisiana requires domicile, not just residence, for divorce jurisdiction.

What if we have a covenant marriage?

Covenant marriages have stricter requirements including counseling and narrower grounds for divorce. You'll need to verify your marriage type and follow the specific requirements under R.S. 9:307.

Can I file without a lawyer?

Yes. The Louisiana Civil Legal Navigator provides free guided forms for both Article 102 and Article 103 divorces, and many parish self-help centers offer assistance.

Make the Right Choice

The key difference between uncontested and contested divorce is agreement. If you and your spouse can resolve all issues cooperatively, you'll save thousands of dollars and significant time. Even if your case starts contested, pursuing settlement through mediation can dramatically improve outcomes. For step-by-step guidance, see our Louisiana divorce filing checklist. Additionally, reviewing the Louisiana divorce timeline can help you plan for each phase of the process.