How to File for Divorce in Louisiana (2026)
Reviewed by DocDraft Legal Team · Louisiana · Last updated 2026-05-18
In Louisiana, divorce is a creature of the Louisiana code, not a one-size national form. Louisiana splits property under community property (assets acquired during the marriage are owned equally) and treats a divorce as available after the required period of living separate and apart. Residency is the gate: There is no statutory minimum residency duration in the Civil Code for a divorce action; jurisdiction is based on the domicile of one spouse in Louisiana under La. Code Civ. Proc. art. 10. This guide lays out the Louisiana-specific filing sequence and the statutes, beginning with La. Civ. Code arts. 102, 103, 103.1, that govern it.
Key Considerations
When a Louisiana court divides what a couple owns, it applies shared-acquisition community-property. Community property regime by default: each spouse owns a present undivided one-half interest in the community of acquets and gains; community is terminated retroactively to the date of filing for an Article 102 divorce; separate property (premarital, donations, inheritance) remains with the owner. The controlling authority is La. Civ. Code arts. 2334, 2336, 2356.
Child support uses an income-shares model Income-shares model under La. R.S. § 9:315 et seq.; both parents' combined adjusted gross income is applied to the Schedule of Basic Child Support Obligations with adjustments for shared physical custody (when each parent has at least 50% physical custody or 146 overnights per year), health insurance, and child-care The guideline lives at La. Rev. Stat. § 9:315 et seq., with the official calculator via the state agency.
On spousal support, Final periodic spousal support may be awarded when the claimant is in need and the obligor has the means to pay; awards may not exceed one-third of the obligor's net income (La. Civ. Code art. 112). Interim spousal support is available pending the final award. The governing authority is La. Civ. Code arts. 111, 112.
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Relevant Documents
In Louisiana, Petition for Divorce under Civil Code Article 102 (two-step) or Article 103 (one-step); statewide self-help forms maintained by individual judicial district self-help websites and the Louisiana Law Library Forms are published via the state agency.
Child Support Worksheet
This document calculates the appropriate amount of child support based on both parents' incomes, the custody arrangement, and other factors.
Final Decree of Divorce
This is the final court order that legally ends your marriage and includes all the terms of your divorce including property division, support, and child custody arrangements.
Financial Disclosure Declaration
Both spouses must complete this document detailing all assets, debts, income, and expenses to ensure fair division of property and appropriate support amounts.
Marital Settlement Agreement
This document outlines the terms of your divorce agreement including property division, debt allocation, spousal support, and child custody arrangements if applicable.
Parenting Plan
If you have children, this document details the custody arrangement, visitation schedule, and decision-making responsibilities for the children.
Qualified Domestic Relations Order (QDRO)
This document is necessary if you need to divide retirement accounts or pension benefits between spouses as part of the divorce settlement.
Response to Petition for Dissolution
If you're the responding spouse, this document allows you to answer the claims in the petition and state your own requests regarding the divorce terms.
Summons
This document notifies your spouse that a divorce action has been filed and that they have a certain amount of time to respond.
Wage Withholding Order
This document directs an employer to withhold child support or spousal support payments from a spouse's paycheck.
Relevant Laws
Louisiana Civil Code Article 103 - Divorce
This law establishes the grounds for divorce in Louisiana, including living separate and apart for specific time periods. For couples without minor children, the required separation period is 180 days; for those with minor children, it's 365 days. This separation period must be continuous and immediately preceding the filing for divorce.
Louisiana Civil Code Article 102 - No-Fault Divorce
This article allows a spouse to file for divorce with the intent to divorce after living separate and apart for the required period (180 days without minor children or 365 days with minor children). This is known as the 'no-fault' divorce option in Louisiana.
Louisiana Civil Code Article 111 - Spousal Support
This law governs spousal support (alimony) in Louisiana. The court may award interim or final spousal support based on the needs of the requesting spouse, the ability of the other spouse to pay, and other factors including the duration of the marriage and the age and health of the parties.
Louisiana Civil Code Article 134 - Child Custody Factors
This article outlines the factors courts consider when determining child custody arrangements, including the love and relationship between each party and the child, the capacity of each party to provide for the child's needs, and the child's adjustment to home, school, and community.
Louisiana Revised Statutes 9:2801 - Partition of Community Property
This statute establishes the procedure for dividing community property in a divorce. Louisiana is a community property state, meaning assets and debts acquired during the marriage are generally divided equally between spouses, regardless of who earned the income or whose name is on the title.
Louisiana Civil Code Article 2338 - Community Property
This article defines what constitutes community property in Louisiana - generally all property acquired during the marriage through the effort, skill, or industry of either spouse. Understanding this law is crucial as it determines which assets are subject to division in divorce.
Regional Variances
Parish-Specific Divorce Procedures in Louisiana
Orleans Parish has its own unique family court system called the Orleans Civil District Court, which handles divorces differently than other parishes. They have specific local rules, forms, and filing procedures. The court also offers a Self-Help Resource Center specifically for self-represented litigants handling family law matters.
Jefferson Parish has a dedicated Family Court division with specialized judges who only hear family law cases. They have specific local rules regarding custody evaluations and mandatory parenting classes that differ from other parishes. They also have a higher filing fee structure compared to some other parishes.
East Baton Rouge Parish has a specialized Family Court with its own building separate from the main courthouse. They have unique local rules regarding mediation requirements before contested hearings and specific procedures for community property partitions that may differ from other parishes.
Caddo Parish has specific local rules regarding custody matters, including mandatory co-parenting classes and specialized mediation procedures. Their court also has different scheduling practices for divorce hearings compared to other parishes.
Covenant Marriage Considerations
Louisiana is one of only three states that offers covenant marriage, which has stricter requirements for divorce. While this is a statewide option, the practical application and handling of covenant marriage divorces can vary by parish, with some parishes having judges who interpret the covenant marriage requirements more strictly than others.
Community Property Implementation
While Louisiana is a community property state, courts in northern parishes (such as Caddo, Bossier, and Ouachita) sometimes take a slightly different approach to property division than southern parishes, particularly regarding business valuations and separate property claims.
Courts in southern parishes (particularly Lafayette, Terrebonne, and parishes in the Greater New Orleans area) may have different approaches to handling oil, gas, and mineral rights in divorce proceedings, which are more common assets in these regions.
Suggested Compliance Checklist
Confirm the residency requirement before filing
Before filing days after startingThere is no statutory minimum residency duration in the Civil Code for a divorce action; jurisdiction is based on the domicile of one spouse in Louisiana under La. Code Civ. Proc. art. 10 (La. Code Civ. Proc. art. 10; La. Civ. Code art. 3518 (domicile)).
Identify the legal grounds in the petition
Before filing days after startingTwo no-fault routes: Article 102 (living separate and apart for 180 days or 365 days with minor children after filing) or Article 103(1) (living separate and apart for 180 or 365 days before filing). Fault grounds under Article 103(2)-(5) include adultery; conviction of a felony and sentenced to death or imprisonment at hard labor; physical or sexual abuse of the spouse or a child of either party; and a protective order or injunction issued after a contradictory hearing or consent decree against the other spouse for the safety of the petitioner or a child. See La. Civ. Code arts. 102, 103, 103.1.
File the divorce petition
At filing days after startingPetition for Divorce under Civil Code Article 102 (two-step) or Article 103 (one-step); statewide self-help forms maintained by individual judicial district self-help websites and the Louisiana Law Library Pay the filing fee, which is approximately $200 to $410 filing fee for a Petition for Divorce in the district court of the parish of domicile (parish-variable; Orleans Parish $332.50, St. Tammany Parish $410, many rural parishes $200). A fee waiver is available: Petition to Proceed In Forma Pauperis under La. Code Civ. Proc. arts. 5181-5188 allows fee waiver for indigent petitioners, generally those at or below 125% of federal poverty guidelines.
Exchange financial disclosures and serve the other spouse
After filing days after startingServe the petition and any required financial-disclosure forms, then file proof of service before the matter is heard.
Calendar the statutory timeline
After filing days after startingArticle 102 divorce: spouses must live separate and apart for 180 days (no minor children of the marriage) or 365 days (minor children) after filing before the judgment may be granted. Article 103 divorce: spouses must already have lived separate and apart continuously for 180 days (no minor children) or 365 days (minor children) at the time the petition is filed. See La. Civ. Code art. 102; art. 103.1.
Obtain the final judgment
Final step days after startingAfter timing and any custody, support, and property terms are settled, the court signs the decree of dissolution.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Confirm the residency requirement before filing | There is no statutory minimum residency duration in the Civil Code for a divorce action; jurisdiction is based on the domicile of one spouse in Louisiana under La. Code Civ. Proc. art. 10 (La. Code Civ. Proc. art. 10; La. Civ. Code art. 3518 (domicile)). | - | Before filing |
| Identify the legal grounds in the petition | Two no-fault routes: Article 102 (living separate and apart for 180 days or 365 days with minor children after filing) or Article 103(1) (living separate and apart for 180 or 365 days before filing). Fault grounds under Article 103(2)-(5) include adultery; conviction of a felony and sentenced to death or imprisonment at hard labor; physical or sexual abuse of the spouse or a child of either party; and a protective order or injunction issued after a contradictory hearing or consent decree against the other spouse for the safety of the petitioner or a child. See La. Civ. Code arts. 102, 103, 103.1. | divorce-petition | Before filing |
| File the divorce petition | Petition for Divorce under Civil Code Article 102 (two-step) or Article 103 (one-step); statewide self-help forms maintained by individual judicial district self-help websites and the Louisiana Law Library Pay the filing fee, which is approximately $200 to $410 filing fee for a Petition for Divorce in the district court of the parish of domicile (parish-variable; Orleans Parish $332.50, St. Tammany Parish $410, many rural parishes $200). A fee waiver is available: Petition to Proceed In Forma Pauperis under La. Code Civ. Proc. arts. 5181-5188 allows fee waiver for indigent petitioners, generally those at or below 125% of federal poverty guidelines. | divorce-petition | At filing |
| Exchange financial disclosures and serve the other spouse | Serve the petition and any required financial-disclosure forms, then file proof of service before the matter is heard. | - | After filing |
| Calendar the statutory timeline | Article 102 divorce: spouses must live separate and apart for 180 days (no minor children of the marriage) or 365 days (minor children) after filing before the judgment may be granted. Article 103 divorce: spouses must already have lived separate and apart continuously for 180 days (no minor children) or 365 days (minor children) at the time the petition is filed. See La. Civ. Code art. 102; art. 103.1. | - | After filing |
| Obtain the final judgment | After timing and any custody, support, and property terms are settled, the court signs the decree of dissolution. | - | Final step |
Frequently Asked Questions
Louisiana uses community property (assets acquired during the marriage are owned equally). Community property regime by default: each spouse owns a present undivided one-half interest in the community of acquets and gains; community is terminated retroactively to the date of filing for an Article 102 divorce; separate property (premarital, donations, inheritance) remains with the owner. See La. Civ. Code arts. 2334, 2336, 2356.
There is no statutory minimum residency duration in the Civil Code for a divorce action; jurisdiction is based on the domicile of one spouse in Louisiana under La. Code Civ. Proc. art. 10. This is set by La. Code Civ. Proc. art. 10; La. Civ. Code art. 3518 (domicile).
approximately $200 to $410 filing fee for a Petition for Divorce in the district court of the parish of domicile (parish-variable; Orleans Parish $332.50, St. Tammany Parish $410, many rural parishes $200) Petition to Proceed In Forma Pauperis under La. Code Civ. Proc. arts. 5181-5188 allows fee waiver for indigent petitioners, generally those at or below 125% of federal poverty guidelines
Two no-fault routes: Article 102 (living separate and apart for 180 days or 365 days with minor children after filing) or Article 103(1) (living separate and apart for 180 or 365 days before filing). Fault grounds under Article 103(2)-(5) include adultery; conviction of a felony and sentenced to death or imprisonment at hard labor; physical or sexual abuse of the spouse or a child of either party; and a protective order or injunction issued after a contradictory hearing or consent decree against the other spouse for the safety of the petitioner or a child. The governing statute is La. Civ. Code arts. 102, 103, 103.1.
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