Am I Eligible to File for Divorce in Louisiana? (2026)

Louisiana eligibility depends on domicile, which divorce article you use, and whether you have a standard or covenant marriage.

Disclaimer: General legal information only. Consult a licensed Louisiana attorney for your situation.

Step 1 — Do You Have a Standard or Covenant Marriage?

Check your marriage license. It will state whether you entered a covenant marriage.

• Standard marriage: Most Louisiana couples. This guide applies to you.
• Covenant marriage: Different rules — requires fault grounds or a 2-year separation. Consult a Louisiana attorney.

Step 2 — Domicile Requirement

You must be domiciled in Louisiana for at least 6 months immediately before filing.

Domicile = Louisiana is your permanent home. You intend to remain in Louisiana. You have:

• Louisiana driver's license
• Louisiana voter registration (or intent to register)
• Louisiana address as your principal residence

If you just moved to Louisiana: wait until 6 months of continuous domicile is established.

File in the District Court of the parish where you are domiciled (or where your spouse is domiciled).

Step 3 — Choose Your Article (102 or 103)

Article 102 Path — Can you file right now?

Yes — Article 102 allows you to file immediately, without any prior separation. After filing and serving your spouse:

• No children of the marriage: Wait 180 days from service date, then file for final judgment
• With children of the marriage: Wait 365 days from service date, then file for final judgment

Important: "Children of the marriage" means minor children born of, or adopted by, the parties during the marriage. Step-children from prior relationships don't count.

Article 103 Path — Has the separation already occurred?

If you have already been living apart:

• No children: Separated for 180+ continuous days → ✅ File immediately for final judgment
• With children: Separated for 365+ continuous days → ✅ File immediately for final judgment

Under Article 103, you can file for the final divorce judgment as soon as the required separation period is complete — no additional waiting after filing.

Step 4 — No-Fault vs. Fault

Louisiana's standard divorce grounds:

• No-fault (most common): The parties have lived apart for the required period (180 or 365 days) → Article 102 or 103
• Fault grounds (rare in standard marriage): Adultery, commission of a felony resulting in imprisonment at hard labor or death sentence

Fault divorce has different procedural requirements. For the vast majority of Louisiana divorces, no-fault (separation-based) is used.

Step 5 — Eligibility Summary Checklist

• Standard marriage (not covenant) ✅
• Domiciled in Louisiana for 6+ months ✅
• Article 102: Ready to file now and wait ✅ — OR — Article 103: Already separated for required period ✅
• Parish identified (where either spouse is domiciled) ✅
• Community property issues assessed ✅

Last reviewed: March 2026 | 6-month domicile required | Article 102 or 103 | 180 days (no children) or 365 days (with children) | Parish District Court | louisianalawhelp.org

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