How to File for Divorce in Louisiana Without a Lawyer (2026)

Louisiana is the only civil law state in the United States. Its divorce law is based on the French and Spanish civil law tradition — which means Louisiana uses Articles (from the Civil Code) instead of statutes, and the procedure works differently from every other state in the country.

Two divorce articles — you must choose: Louisiana law provides two paths. Article 102 means you file first, then wait. Article 103 means you wait first, then file for an immediate judgment. The choice depends on how long you've already been separated.

Community property terminates on filing: Under Article 102, the community property regime (the community of acquets and gains) terminates retroactively to the date you file the Article 102 petition. This is critical for asset protection — earnings and acquisitions after the filing date are your separate property.

Parishes, not counties: Louisiana is divided into parishes. "File in the parish where either spouse is domiciled" — not "county."

Disclaimer: General legal information, not legal advice. Consult a licensed Louisiana attorney for your specific situation. Louisiana's civil law system is complex and attorney consultation is especially valuable here.

Louisiana Divorce at a Glance

Article 102 vs. Article 103 — Choosing Your Path

This is the most important decision in a Louisiana divorce.

Article 102 — File First, Then Wait

1. File the Petition for Divorce (Article 102) immediately — you do NOT need to have already separated
2. Serve the other spouse
3. After serving, wait 180 days (no minor children) or 365 days (with minor children of the marriage) from the date of service
4. Once the waiting period passes, file a Rule to Show Cause requesting the final judgment of divorce
5. Court enters the Judgment of Divorce

Key advantage: Community property terminates retroactively to the date you file. All income and property acquired after filing is your separate property — even during the waiting period.

Article 103 — Wait First, Then File

1. The parties have already lived apart for the required period:
   • 180 continuous days (no minor children of the marriage)
   • 365 continuous days (with minor children of the marriage)
2. Once the separation period is complete, file the Petition for Divorce immediately — and the court can enter the final Judgment of Divorce quickly (often at the initial filing)
3. No separate waiting period after filing

Key advantage: Faster finalization after filing — the waiting is already done. Ideal when both parties have already been living apart.

Residency — Domicile Requirement

Louisiana requires domicile — not just residence. You must be domiciled in Louisiana for at least 6 months immediately before filing.

Domicile vs. residence: Domicile means you intend Louisiana to be your permanent home — you have established life in Louisiana (job, home, driver's license, voter registration). Someone can be temporarily present in a state without being domiciled there.

Community Property in Louisiana

Louisiana's community property system is the community of acquets and gains (La. Civ. Code Art. 2338). All property acquired during the marriage by either spouse — through employment, business, investment — is community property owned equally by both spouses.

Community property (owned equally):

• Wages, salaries, and self-employment income earned during the marriage
• Property purchased with community funds
• Retirement contributions made during the marriage
• Debts incurred during the marriage

Separate property (not divided):

• Property owned before the marriage
• Property acquired by gift to one spouse
• Property acquired by inheritance by one spouse
• Damages received for personal injury (pain and suffering portion)
• Property acquired with separate property funds (if traced)

Critical rule — Article 102: The community terminates retroactively to the filing date of the Article 102 petition. This means income earned after the filing date is the earner's separate property — not community property.

Covenant Marriage — A Completely Different System

Louisiana (along with Arkansas and Arizona) recognizes Covenant Marriage — a stronger form of marriage that requires pre-marital counseling and has limited grounds for divorce.

Most people did not enter a covenant marriage. Covenant marriages require a specific declaration at the time of the marriage and are relatively rare.

If you are unsure, check your marriage license. It will state whether you entered a covenant marriage.

If you have a covenant marriage: Different rules apply — fault grounds are required (adultery, abandonment, abuse, imprisonment, etc.), or a 2-year separation. Consult a Louisiana attorney if you have a covenant marriage.

The rest of this guide applies to standard (non-covenant) marriages only.

Free Louisiana Divorce Resources

• Louisiana Law Help: louisianalawhelp.org — best free resource for Louisiana self-represented filers
• Louisiana State Bar Lawyer Referral: lsba.org
• Southeast Louisiana Legal Services: slls.org
• Acadiana Legal Services: la-law.org
• Greater New Orleans Legal Assistance: gnola.org

Last reviewed: March 2026 | Article 102 (file first, wait) or Article 103 (wait first, file) | Community property terminates on filing date | Parish District Court | louisianalawhelp.org

Last reviewed: March 2026 · Verify current fees and forms with your local court before filing.