Divorce papers in Louisiana: what you need and how to file

Last updated 2026-07-09

What divorce papers do you need in Louisiana?

Every Louisiana divorce starts with a Petition for Divorce. That document names both spouses, states the grounds, identifies any children, and tells the court what you're asking for. For an uncontested divorce you also file a Marital Settlement Agreement (sometimes called a community property settlement agreement) that spells out how you're dividing assets, debts, and, if you have kids, custody and support.

Here's the core stack for a no-fault, uncontested Louisiana divorce:

• Petition for Divorce (a Louisiana Civil Code Article 102 or 103 petition, depending on your approach)
• Marital Settlement Agreement covering property, debts, and spousal support
• Parenting Plan and Child Support Agreement if you have minor children
• Rule to Show Cause and Judgment of Divorce (the court's final order, which you draft and the judge signs)
• Verification page signed under oath by the petitioner
• Waiver of Service signed by the other spouse, so you skip a process server

Some parishes tack on their own cover sheets or filing checklists. The Louisiana Courts self-help page links to parish-specific instructions ^[1]. Check your local clerk of court's website before you print anything.

For a look at what divorce papers cover across all states, see our guide to divorce papers.

What are the grounds and residency requirements for divorce in Louisiana?

Louisiana is a no-fault divorce state. Neither spouse has to prove wrongdoing. The standard ground is living separate and apart for a set period. Under Louisiana Civil Code Article 103, those periods are ^[2]:

• 180 days of continuous separation if there are no minor children of the marriage
• 365 days of continuous separation if there are minor children of the marriage

Fault grounds still exist in Louisiana, including adultery and felony conviction, but almost nobody uses them in an uncontested case. Stick with no-fault unless a lawyer has told you otherwise.

Residency is short and simple: at least one spouse must have been domiciled in Louisiana for at least six months before filing ^[2]. You don't both have to live in the state. You file in the parish where either spouse is domiciled.

One wrinkle trips people up. Louisiana runs two procedural paths. An Article 102 petition is filed before the separation period is complete, then a Rule to Show Cause is filed once the waiting period ends. An Article 103 petition is filed after the separation period is already done. Most DIY filers pick Article 103. You file once, the clock has already run, and the case moves faster from there ^[2].

How much does it cost to file for divorce in Louisiana?

Filing fees vary by parish and case type. Across Louisiana, a basic divorce petition runs roughly $150 to $400 ^[3]. A few reference points:

Parish	Approximate Filing Fee
Orleans	$350 to $400
East Baton Rouge	$250 to $300
Jefferson	$200 to $275
Caddo (Shreveport)	$150 to $225
St. Tammany	$200 to $275

These are estimates from publicly posted fee schedules. Fees change, and some parishes add surcharges for technology funds or law library fees. Call your clerk of court to confirm before you show up with a check.

Beyond the filing fee, budget for:

• Service of process: $0 if the other spouse signs a Waiver of Service; $50 to $100 or more if a sheriff serves them
• Certified copies of the final judgment: $5 to $15 each, and you'll want at least two
• Notarization: Louisiana requires notarized signatures on most divorce documents. Many banks notarize for free

Document preparation services usually add $100 to $300 on top of filing costs. DivorceClear's Louisiana packet is $149 and covers the full uncontested document set.

Can't afford the filing fee? You can file a Pauper's Affidavit (In Forma Pauperis) to ask the court to waive it ^[4]. The clerk's office hands you that form.

How long does a divorce take in Louisiana?

Two clocks run at once. One is the separation period Louisiana requires before a judgment can be entered. The other is the court's processing time after you file.

Assume you file an Article 103 petition, meaning the separation period is already complete:

• No minor children: the 180-day separation is done before filing; smaller parishes often sign the judgment within 4 to 8 weeks of filing
• With minor children: the 365-day separation is done before filing; same post-filing window, roughly 4 to 8 weeks in most parishes

Orleans Parish and other high-volume courts run longer, sometimes 8 to 16 weeks. Jefferson Parish tends to be quicker.

File under Article 102 (before the separation period ends) and you're looking at a minimum of 180 days (or 365 days) from the filing date before the judgment can be signed, plus whatever the court adds after that.

The honest answer: the separation period is the dominant factor. Court processing after that runs a few weeks to a couple of months. Budget at least six months total if you have no children, and at least a year plus a few months if you do.

How do you actually file divorce papers in Louisiana, step by step?

Here's how the Article 103 path works in practice, assuming the separation period is already complete.

Step 1: Gather your documents. Complete your Petition for Divorce, Marital Settlement Agreement, any parenting plan, and a Verification page. Both spouses sign the settlement agreement before a notary. The non-filing spouse signs a Waiver of Citation and Acceptance of Service.

Step 2: Make copies. Most clerks want the original plus two copies of every document. Some want three. Call ahead.

Step 3: File with the clerk of court in the parish where you or your spouse is domiciled. You pay the filing fee at the window. The clerk stamps your documents and assigns a docket number.

Step 4: Serve or waive. If the other spouse signed a Waiver of Service, file that with the clerk. If not, a sheriff or private process server has to serve the petition.

Step 5: Submit a proposed Judgment of Divorce. After the required waiting period (or right away, under Article 103), send a proposed judgment to the judge assigned to your case. In many parishes you do this at filing or shortly after. The clerk can tell you the local practice.

Step 6: The judge signs. In an uncontested case with everything in order, most judges sign without a hearing. You pick up certified copies of the signed judgment.

Step 7: Update your records. Use the certified judgment to update your name (if applicable), Social Security records, driver's license, bank accounts, and beneficiary designations.

The Louisiana Courts self-help center lists parish-by-parish contacts and some standardized forms ^[1]. Look there before you pay anyone a dime.

How is community property divided in a Louisiana divorce?

Louisiana is one of nine community property states. Property and debts acquired during the marriage generally belong equally to both spouses ^[5]. Each spouse owns an undivided one-half interest in community property.

Separate property stays with the spouse who owns it. That means assets one spouse owned before marriage or received as a gift or inheritance during the marriage. Mixed assets get messy fast (think separate funds poured into a community house).

In an uncontested divorce, you and your spouse split community property yourselves and put the deal in writing as a community property settlement or partition agreement. The court usually approves whatever you both agree to, as long as it's fair on its face and any child support terms meet Louisiana minimums.

Three assets need extra attention:

• Retirement accounts: dividing a 401(k) or pension takes a Qualified Domestic Relations Order (QDRO), a separate court order sent to the plan administrator
• Real estate: you'll need an Act of Partition or a deed transferring the property, recorded with the parish clerk of court
• Business interests: valued as community property to the extent they were built during the marriage

For how Louisiana handles spousal support coming out of property division, see our guide to alimony.

What happens to child custody and support in a Louisiana divorce?

Louisiana courts start from a presumption that joint custody is in the best interest of the child ^[6]. That doesn't guarantee a 50/50 split of physical time. It does mean both parents are expected to stay involved unless there's a good reason otherwise.

In an uncontested divorce, you and your spouse write a parenting plan covering:

• Physical custody (where the child lives, the day-to-day schedule)
• Legal custody (who decides on education, healthcare, religion)
• Holiday and vacation schedules
• How you'll resolve disputes

The court reviews and approves the plan. Judges reject plans that look bad for the child, so keep it realistic and child-centered.

Child support in Louisiana runs off a formula set in Louisiana Revised Statutes 9:315 through 9:315.20 ^[7]. The formula pulls in both parents' gross incomes, the custody split, childcare costs, and health insurance premiums. The Louisiana Department of Children and Family Services posts child support resources on its website ^[8]. Here's a line worth remembering: the court will not approve a settlement that waives child support entirely, and the minimum follows the statutory schedule no matter what the parents agree to.

For a quick estimate of what Louisiana guidelines might produce, try our child support calculator.

Can you file for divorce in Louisiana without a lawyer?

Yes. Louisiana allows self-represented (pro se) litigants in divorce proceedings. The courts' self-help resources exist for exactly this ^[1].

Here's the catch. Louisiana's legal system is civil-law based, not common-law based, and the forms are less standardized than in states like California or Texas. Some parishes hand you fillable PDFs. Others expect you to draft documents from scratch following local format rules. This is where DIY filers stumble. Not the legal concepts, but the formatting and procedural details.

A lawyer earns the fee when:

• You own a business together
• One spouse has a pension (harder to divide than a 401k)
• There's a fight over whether property is separate or community
• Domestic violence is a factor
• One spouse lives outside the U.S.

For a clean uncontested case with a house, cars, and maybe a retirement account, plenty of people handle it themselves. If you want professional guidance, our divorce lawyer and divorce attorney guides explain what to look for and what to pay.

This article is general information, not legal advice. If your situation is complicated, talk to a licensed Louisiana family law attorney.

Does Louisiana require a separation agreement before divorce?

No. Louisiana doesn't require a formal legal separation proceeding before divorce. The separation period is just a stretch of living separate and apart, not a court-ordered status. You file nothing to start the clock. You stop living together, and it starts.

What the state does want is proof the separation actually happened. In practice, courts accept an affidavit from the petitioner stating the date separation began, sometimes backed by a second affidavit from a third party who knows the couple. Keep records. A lease in one spouse's name, dated mail to separate addresses, or similar paperwork saves headaches if anyone questions the date.

A written Marital Settlement Agreement isn't legally required to get a divorce judgment in Louisiana. It's almost always smart anyway. Skip it, and property disputes get kicked to a separate partition proceeding after the divorce, which costs more and drags longer than settling everything upfront.

What is a covenant marriage and does it change the divorce papers?

Louisiana is one of only three states, along with Arkansas and Arizona, that offers covenant marriage ^[9]. A covenant marriage is a specific legal status couples choose at the time of marriage by signing a Declaration of Intent and completing premarital counseling.

If you're in a covenant marriage, the divorce rules are much stricter. You can't divorce just because you've lived apart for a while. The grounds for divorce in a covenant marriage are ^[9]:

• Adultery
• Commission of a felony with a death sentence or imprisonment
• Physical or sexual abuse of a spouse or child
• Living separate and apart for two years (versus 180 or 365 days for a standard marriage)
• Living separate and apart for one year after a legal separation judgment in a covenant marriage

Check your marriage certificate or the Declaration of Intent you signed. If you're in a covenant marriage, the paperwork and process differ enough that a family law attorney is worth a call.

Most couples are in a standard marriage. Signed a regular marriage license with no extra declaration? Covenant marriage rules don't touch you.

Where do you get Louisiana divorce forms?

A few legitimate places have Louisiana divorce forms.

Louisiana Courts self-help center ^[1]: The official starting point. It lists resources by parish and links to some standardized forms. Not every parish posts downloadable forms, but the contact information is authoritative.

Your local clerk of court: Many parish clerks keep a packet of blank forms at the window or on their website. Call or walk in and ask what they have for an uncontested divorce. Orleans Parish Civil District Court and East Baton Rouge's 19th Judicial District Court both keep some self-help materials.

Louisiana State Bar Association's Lawyer Referral Service ^[10]: If you decide you want a lawyer, start here. They also list legal aid organizations for income-qualifying applicants.

Legal aid organizations: Southeast Louisiana Legal Services and Acadiana Legal Service Corporation serve low-income Louisianans and sometimes help with divorce paperwork for free ^[11].

Document preparation services: Companies like DivorceClear prepare a packet of Louisiana-specific forms for $149 that you review, sign, and file yourself. It sits between fully DIY and hiring an attorney. Reasonable if you're comfortable managing the filing but want someone else to draft the documents.

Whatever source you use, confirm the forms are current. Louisiana's divorce statutes were amended as recently as 2018 to adjust separation periods, so old forms floating around the internet can be flat wrong.

How do you change your name after divorce in Louisiana?

Louisiana lets you restore a former name as part of the divorce judgment itself. Include the name change request in your Petition for Divorce, or ask for it in the proposed Judgment of Divorce. The judge writes it into the signed judgment at no extra charge.

Once you hold the signed, certified judgment with the name change language, use it to update:

• Social Security Administration: file Form SS-5 at your local SSA office or by mail ^[12]
• Louisiana Office of Motor Vehicles: bring the certified judgment plus your current license
• U.S. passport: with an unexpired passport, use Form DS-5504 within one year of issue or Form DS-82 after that
• Banks and financial accounts: each institution has its own process; bring certified copies
• Voter registration: the Louisiana Secretary of State's website handles this

Get at least three certified copies of your judgment from the clerk. They cost a few dollars each and save you from reordering later. The name change itself is easy. The certified judgment does all the work.

Frequently asked questions

How long do you have to be separated before filing for divorce in Louisiana?

Under Louisiana Civil Code Article 103, couples without minor children must live separate and apart for 180 continuous days before the judgment can be entered. Couples with minor children of the marriage must live apart for 365 days. If you file under Article 102 (before separation is complete), the court cannot sign the judgment until those periods have passed.

Can I file for divorce in Louisiana if my spouse lives in another state?

Yes, as long as you have been domiciled in Louisiana for at least six months, you can file in your parish even if your spouse lives elsewhere. You'll need to serve them through that state's process or get them to sign a Waiver of Service. The Louisiana court can grant the divorce but may have limited jurisdiction over property located in the other state.

How much does an uncontested divorce cost in Louisiana total?

A DIY uncontested divorce in Louisiana typically runs $200 to $600 out of pocket. That breaks down as $150 to $400 in filing fees by parish, $5 to $15 per certified copy of the final judgment, and optional document preparation costs of $100 to $300 if you use a service. If your spouse signs a Waiver of Service, you avoid sheriff service fees.

Do I need a lawyer for an uncontested divorce in Louisiana?

No. Louisiana allows self-represented parties in divorce proceedings. Many people file their own uncontested divorce, especially when both spouses agree on everything. A lawyer earns the cost when there's a pension, a disputed business, complex separate property claims, or any safety concern. For a clean, agreed split with straightforward assets, DIY is a legitimate path.

What is the difference between Article 102 and Article 103 divorce in Louisiana?

Article 102 lets you file before the separation period is complete; the court holds the case open until time passes, then you file a Rule to Show Cause. Article 103 lets you file after the separation period is already done, which is usually simpler and faster. Most DIY filers choose Article 103 because it needs one filing and no second hearing step.

How does Louisiana divide retirement accounts in a divorce?

Retirement funds built during the marriage are community property in Louisiana. The marital portion of a 401(k), 403(b), or pension gets split per your settlement agreement, but carrying out the split takes a separate Qualified Domestic Relations Order (QDRO) sent to the plan administrator. Without a QDRO, the plan won't release funds to the non-account-holder spouse. This is one area where an attorney's help often pays for itself.

Can I get a divorce in Louisiana if I don't know where my spouse is?

Yes, through service by publication or appointment of a curator ad hoc. The court appoints a curator to accept service for your absent spouse. You'll need to show a good-faith effort to locate them. This adds cost and time, and a default judgment is then possible. The clerk of court in your parish can walk you through the exact local procedure.

Is Louisiana a no-fault divorce state?

Yes. The most common ground for divorce in Louisiana is living separate and apart for the required period, which needs no proof of wrongdoing by either spouse. Fault grounds like adultery or felony conviction still exist in the statutes but rarely appear in uncontested cases. Fault can affect claims for final periodic support (alimony) in contested situations.

What parish do I file my divorce papers in?

You file in the parish where either you or your spouse is currently domiciled, meaning where you genuinely live with the intent to stay. If you both live in the same parish, file there. If you live in different parishes, you can pick either one. Filing in your spouse's parish can sometimes help if they're cooperative and living near the courthouse.

How long does it take to get a divorce judgment signed in Louisiana once papers are filed?

After filing an Article 103 petition (separation period already complete), most Louisiana courts sign an uncontested divorce judgment within 4 to 8 weeks. High-volume courts like Orleans Parish can take 8 to 16 weeks. The separation waiting period itself (180 or 365 days) is separate and usually the longest part of the total timeline.

Do both spouses have to appear in court for an uncontested divorce in Louisiana?

Usually no. In a truly uncontested case, many Louisiana judges sign the judgment without either party appearing for a hearing, especially under Article 103. The non-filing spouse can skip any court appearance by signing a notarized Waiver of Service early in the process. Local practice varies, so confirm with your parish clerk whether a hearing is expected.

What documents prove the date of separation in Louisiana?

Louisiana courts typically accept a sworn affidavit from the petitioner stating the separation date, sometimes backed by a corroborating affidavit from someone with personal knowledge. Helpful evidence includes a lease or utility bill in one spouse's name at a different address, dated correspondence, or bank statements showing separate addresses. The court generally doesn't demand extensive documentation in an uncontested case.

Can I include a name change in my Louisiana divorce papers?

Yes. Louisiana lets you restore a prior or maiden name as part of the divorce judgment. Include the request in your petition or proposed judgment. There's no additional filing fee. Once the judge signs the judgment with the name change language, you use certified copies of that document to update your Social Security card, driver's license, passport, and financial accounts.

What is alimony called in Louisiana and how is it decided?

Louisiana calls it 'final periodic support' or 'interim spousal support.' Interim support during the divorce is based on need and the standard of living. Final periodic support after judgment is available only to a spouse who was not at fault in the marriage breakdown, is based on need and the other spouse's ability to pay, and is generally capped at one-third of the paying spouse's net income. See our guide to alimony for more.

Sources

1. Louisiana Supreme Court, Self-Help Resources: The Louisiana court system provides self-help resources and parish-specific information for self-represented litigants in divorce cases
2. Louisiana Civil Code, Articles 102 and 103 (Louisiana State Legislature): Article 103 allows divorce after 180 days separation with no minor children or 365 days with minor children; at least one spouse must be domiciled in Louisiana for six months before filing
3. Louisiana Clerks of Court Association: Filing fees for divorce petitions vary by parish, ranging approximately $150 to $400 across Louisiana parishes
4. Louisiana Code of Civil Procedure, Article 5181 (Louisiana State Legislature): Louisiana Code of Civil Procedure Article 5181 allows courts to waive filing fees for indigent litigants through an In Forma Pauperis affidavit
5. Louisiana Civil Code, Article 2336 (Louisiana State Legislature): Each spouse owns an undivided one-half interest in community property under Louisiana Civil Code Article 2336
6. Louisiana Revised Statutes 9:335, Joint Custody (Louisiana State Legislature): Louisiana law presumes joint custody is in the best interest of the child under RS 9:335
7. Louisiana Revised Statutes 9:315 through 9:315.20, Child Support Guidelines (Louisiana State Legislature): Louisiana child support is calculated using an income shares formula set out in RS 9:315 through 9:315.20, incorporating both parents' gross incomes, custody time, childcare, and insurance costs
8. Louisiana Department of Children and Family Services, Child Support: The Louisiana DCFS provides child support resources and enforcement information for Louisiana families
9. Louisiana Revised Statutes 9:272 through 9:275, Covenant Marriage (Louisiana State Legislature): Louisiana covenant marriage requires a two-year separation period for no-fault divorce, versus 180 or 365 days for a standard marriage, under RS 9:272–9:275
10. Louisiana State Bar Association, Lawyer Referral Service: The Louisiana State Bar Association operates a Lawyer Referral Service and lists legal aid organizations for income-qualifying residents
11. Southeast Louisiana Legal Services: Southeast Louisiana Legal Services provides free civil legal assistance including family law help to income-qualifying Louisiana residents
12. Social Security Administration, Form SS-5 Instructions: After a legal name change, individuals must file Form SS-5 with the SSA to update their Social Security records