Louisiana Divorce Petition

Q: What is a divorce petition in Louisiana?

A divorce petition is the formal pleading, filed in Louisiana as a Petition for Divorce, that one spouse submits to open a divorce case. It asks the district court to end the marriage and to resolve related issues such as community property division and support. Louisiana uses no mandatory statewide form, and the petition invokes either La. C.C. art. 102 or art. 103.

Q: What is the difference between a divorce petition and a dissolution of marriage in Louisiana?

In Louisiana, both terms point to the same goal of legally ending a marriage, but Louisiana law uses the word 'divorce,' not 'dissolution of marriage.' The divorce petition is the Petition for Divorce that starts the case, while 'dissolution of marriage' is the label many other states apply to the same result. A Louisiana filing invokes either La. C.C. art. 102 or art. 103, and the parties are the plaintiff and defendant.

Q: What are the grounds for divorce in Louisiana?

Louisiana recognizes both no-fault and fault grounds. The no-fault ground is 'living separate and apart' (La. C.C. arts. 102 and 103(1)). Fault grounds under La. C.C. art. 103 include adultery (103(2)) and conviction of a felony carrying a sentence of death or imprisonment at hard labor (103(3)), and article 103(4)-(5) add physical or sexual abuse and protective-order grounds.

Q: Do we have to be separated before filing in Louisiana?

It depends on the article you use. Under La. C.C. art. 103(1), the spouses must have already lived separate and apart continuously for the required period before filing, either 180 days with no minor children or 365 days with minor children. Under art. 102, you may file the petition first and then complete the separation period before the judgment is granted.

Q: What court form do I use to file for divorce in Louisiana?

Louisiana has no mandatory statewide form name, so you generally file a Petition for Divorce drafted to invoke either art. 102 or art. 103. Louisiana serves the defendant with a 'Citation' rather than a 'Summons,' and the case is filed in District Court, the state's court of general jurisdiction, or the specialized Family Court in East Baton Rouge Parish.

Q: How much does it cost to file a divorce petition in Louisiana?

The initial filing cost in Louisiana is typically about $250 to $400 and varies by parish, covering the clerk of court filing fee plus service costs. Low-income filers can ask the court to waive the fee.

Q: How is property divided in a Louisiana divorce?

Louisiana is a community property state. Under La. C.C. art. 2334 and the matrimonial regimes articles, La. C.C. arts. 2325-2437, the default legal regime of community of acquets and gains governs, so property and debts acquired during the marriage are generally owned in common and partitioned between the plaintiff and defendant absent a valid matrimonial agreement.

Q: Can I get a divorce in Louisiana if my spouse refuses to sign?

Yes. Once you properly serve the defendant with the Citation and petition, the court can proceed and enter a default judgment even if your spouse refuses to participate, provided the required separation period and other statutory requirements are met.

Start your Louisiana divorce case right. Our AI drafts a custom, court-ready petition tailored to state law, with licensed attorney review available.

Introduction

In Louisiana, the pleading known as a Petition for Divorce is the document one spouse files to open a divorce case and ask the court to end the marriage and resolve related issues. Louisiana grants the divorce only after the spouses live separate and apart for a fixed period: 180 days when there are no minor children of the marriage, or 365 days when there are minor children (La. C.C. arts. 102 and 103(1)), with covenant marriages requiring longer. There is no fixed durational residency requirement, but at least one spouse must be domiciled in Louisiana, and the petition must be filed in the parish where either party is domiciled or the parish of the last matrimonial domicile (La. Code Civ. Proc. art. 3941). The state recognizes both no-fault 'living separate and apart' grounds and fault grounds under La. C.C. art. 103, including adultery (103(2)) and conviction of a felony carrying a sentence of death or imprisonment at hard labor (103(3)). As a community property state (La. C.C. arts. 2325-2437), Louisiana divides acquets and gains between the plaintiff and defendant.

0/5000

Key Things to Know

1
What it is: Under Louisiana practice, the Petition for Divorce is the formal pleading a spouse files to open a divorce case and ask the district court to end the marriage and settle related matters such as community property division and support.
2
Residency and venue: Louisiana imposes no fixed durational waiting period for residency, but at least one spouse must be domiciled in the state, and the petition must be filed in the parish where either party is domiciled or the parish of the last matrimonial domicile (La. Code Civ. Proc. art. 3941).
3
Two filing pathways: Article 102 lets you file first and complete the separation period afterward, while article 103(1) requires you to already be living separate and apart for the statutory period before you file, which lets the divorce finalize sooner (La. C.C. arts. 102 and 103(1)).
4
Waiting period: The spouses must live separate and apart for 180 days if there are no minor children of the marriage, or 365 days if there are minor children; covenant marriages carry longer periods.
5
Grounds regime: Louisiana combines the no-fault 'living separate and apart' ground with fault grounds under La. C.C. art. 103, including adultery (103(2)), felony conviction with a sentence of death or imprisonment at hard labor (103(3)), and physical or sexual abuse and protective-order grounds under 103(4)-(5).
6
Property regime: Louisiana is a community property state; absent a matrimonial agreement, the default legal regime of community of acquets and gains governs under La. C.C. art. 2334 and the matrimonial regimes articles, La. C.C. arts. 2325-2437.
7
Forms, court, and fees: There is no mandatory statewide form name, so the filing is simply a Petition for Divorce; Louisiana serves a 'Citation' rather than a 'Summons,' the case is heard in District Court (the Family Court in East Baton Rouge Parish), the parties are the plaintiff and defendant, and combined filing and service costs run roughly $250 to $400 depending on the parish.

Key decisions before you file

Before you file a Divorce Petition in Louisiana, a few decisions shape the document: which option to choose and what each one means. The Divorce Petition guide walks through them.

Open the Divorce Petition guide

Customize your Divorce Petition Template with DocDraft

Filing a Divorce Petition in Louisiana

Louisiana grants a divorce only after spouses live separate and apart for a fixed statutory period: 180 days when there are no minor children of the marriage, and 365 days when there are minor children (La. C.C. arts. 102 and 103(1)). Covenant marriages carry longer periods. There is no fixed durational residency requirement, but at least one spouse must be domiciled in the state. A Petition for Divorce (/legal-document/divorce-petition) begins the case, and the article you choose shapes the timeline.

Article 102 vs. Article 103

Under La. C.C. art. 102, the plaintiff files the petition first, and the court grants the divorce only after the spouses have lived separate and apart for the required 180 or 365 days following service or filing. Under La. C.C. art. 103(1), the spouses must have already lived separate and apart continuously for the statutory period before the petition is filed, so the divorce can be finalized sooner. Louisiana blends this no-fault path with fault grounds under art. 103: adultery (103(2)), conviction of a felony carrying a sentence of death or imprisonment at hard labor (103(3)), and, under art. 103(4)-(5), physical or sexual abuse and protective-order grounds.

Venue and Court

The petition must be filed in the district court of the parish where either party is domiciled or the parish of the last matrimonial domicile (La. Code Civ. Proc. art. 3941). The District Court is Louisiana's court of general jurisdiction; in East Baton Rouge Parish, the specialized Family Court hears divorce matters. The plaintiff files against the defendant, and Louisiana notifies the defendant with a Citation, not a Summons, served together with the petition.

Community Property

Louisiana is a community property state governed by the matrimonial regimes articles, La. C.C. arts. 2325-2437, with the default legal regime of community of acquets and gains (see La. C.C. art. 2334). Absent a valid matrimonial agreement, property and debts acquired during the marriage are generally owned in common and partitioned between the spouses, making an accurate inventory of community versus separate assets central to the petition.

Forms, Terminology, and Fees

Louisiana has no mandatory statewide form name; the operative pleading is simply the Petition for Divorce, drafted to invoke either art. 102 or art. 103. The parties are the plaintiff and defendant, and the proceeding is called a divorce, never a dissolution of marriage. Expect a filing cost of roughly $250 to $400, combining the clerk of court's fee with service costs, which varies by parish.

Before You File

Confirm domicile, count your separation days against the correct 180- or 365-day threshold, and decide between the art. 102 and art. 103 pathways before drafting. Because covenant marriages, fault allegations, and community-property division each change strategy, a carefully prepared Petition for Divorce (/legal-document/divorce-petition) filed in the correct parish keeps your Louisiana matter on the fastest lawful track.

Louisiana Requirements for Divorce Petition

Residency (State)
Spouses must meet the residency requirement: No fixed durational waiting period, but at least one spouse must be domiciled in Louisiana. Venue: the action must be filed in the parish where either party is domiciled or....
Residency (County)
Must file in the correct county District Court Louisiana's court.
Grounds for Divorce
Must properly plead grounds: No-fault + fault. No-fault is 'living separate and apart' (La. C.C. arts. 102 and 103(1)). Fault grounds under La. C.C. art. 103: adultery (103(2)) and conviction of a felony with....
Waiting Period
Mandatory waiting period: 180 days living separate and apart if there are no minor children of the marriage; 365 days if there are....
Required Forms
Must file correct state forms: Petition for Divorce (there is no mandatory statewide form name). Louisiana uses a 'Citation' rather....
Property Division
Property is divided according to: Community property state. La. C.C. art. 2334 and the matrimonial regimes articles, La. C.C. arts.... laws.
Filing Fee
Filing fee is typically Approximately $250,$400, varies by parish (clerk of court filing fee... unless waived.
Service of Process
The Defendant must be properly served with the summons and petition.

Frequently Asked Questions

What is a divorce petition in Louisiana?

What is the difference between a divorce petition and a dissolution of marriage in Louisiana?

What are the grounds for divorce in Louisiana?

Do we have to be separated before filing in Louisiana?

What court form do I use to file for divorce in Louisiana?

How much does it cost to file a divorce petition in Louisiana?

How is property divided in a Louisiana divorce?

Can I get a divorce in Louisiana if my spouse refuses to sign?

Introduction

Key Things to Know

Key decisions before you file

Customize your Divorce Petition Template with DocDraft

Filing a Divorce Petition in Louisiana

Article 102 vs. Article 103

Venue and Court

Community Property

Forms, Terminology, and Fees

Before You File

Louisiana Requirements for Divorce Petition

Residency (State)

Residency (County)

Grounds for Divorce

Waiting Period

Required Forms

Property Division

Filing Fee

Service of Process

Frequently Asked Questions