Louisiana | Divorce.Pro

Uncontested Divorce in Louisiana

To qualify for an uncontested divorce in Louisiana, you must meet the following conditions:

Residency:
- Either spouse must be a Louisiana resident and must file in the parish where:
- Either party resides, or
- The couple last lived together.
Grounds for Divorce
Louisiana allows no-fault divorce, based on living separate and apart for a specific time:
- 180 days if the couple has no minor children.
- 365 days if the couple has minor children.
  
  The separation must be continuous, and you must live in separate residences.
Mutual Agreement:

In an uncontested divorce, both spouses agree on all key issues:
- Division of community property and debts
- Spousal support (if any)
- Child custody, visitation, and support (if applicable)

There are two common types of no-fault divorces in Louisiana:

Article 102 Divorce – You file the petition, then live apart for 180/365 days before asking the court to finalize the divorce.
Article 103(1) Divorce – You already lived apart for 180/365 days before filing.

For uncontested divorces, Article 103(1) is typically faster.

2. Complete the Required Forms
Forms vary by parish but typically include:

Petition for Divorce (103(1))
Verification
Acceptance/Waiver of Service (if your spouse agrees)
Affidavit of Separation
Judgment of Divorce
Settlement Agreement (optional but recommended)

Some parishes provide packets online. Others require you to get forms from the Clerk of Court or local legal aid office.

3. File the Petition

File with the Clerk of Court in the appropriate parish.
Pay the filing fee, typically $200–$400, depending on location.
You may request a fee waiver (called In Forma Pauperis) if you can't afford the fee.

4. Serve Your Spouse or Get a Waiver

If your spouse agrees to the divorce, they can sign a Waiver of Service or an Acceptance of Service form.
If they do not cooperate, you must arrange formal service via sheriff or process server.

If everything is in order, and the required separation time is proven, the judge can sign the Final Judgment of Divorce.
In uncontested cases, no court hearing is usually required.

With Children:
- Must submit a Custody Plan and Child Support Worksheet
- Child support must follow Louisiana Child Support Guidelines
- Some parishes may require a parenting class
Community Property State:
- Louisiana is a community property state, meaning property and debts acquired during the marriage are usually split equally unless agreed otherwise
Legal Help Recommended:
- Even in an uncontested divorce, consider having a lawyer review your agreement, especially if children, real estate, or retirement funds are involved