Louisiana Uncontested Divorce — Petition and Judgment Filing Packet (Articles 102 and 103)

LOUISIANA UNCONTESTED DIVORCE — PETITION AND JUDGMENT FILING PACKET (ARTICLES 102 & 103)

PART 1 — JURISDICTIONAL AND PROCEDURAL CHECKLIST

A. Track Selection — Article 102 vs. Article 103

☐ Article 102 (two-step): Petitioner files Petition BEFORE the 180/365-day separation period has fully run; the period continues to accrue post-service; Petitioner must file a Rule to Show Cause within 2 years of service/waiver, after the period has elapsed. La. Civ. Code art. 102; La. C.C.P. arts. 3951–3956.

☐ Article 103(1) (one-step): The parties have ALREADY lived separate and apart continuously for the required 180/365 days BEFORE filing; final judgment may be entered without a second rule. La. Civ. Code art. 103(1).

☐ Article 103 other grounds: ☐ (2) adultery; ☐ (3) felony conviction with hard-labor sentence; ☐ (4) physical or sexual abuse; ☐ (5) protective order or injunction issued during marriage against the other spouse. (These permit immediate divorce without separation period.)

B. Required Living Separate and Apart — La. Civ. Code art. 103.1

☐ 180 days — no minor children of the marriage at the time the rule (Art. 102) or petition (Art. 103) is filed.
☐ 365 days — minor children of the marriage at the time the rule (Art. 102) or petition (Art. 103) is filed.

Date physical separation began: [__/__/____]
Date intent to terminate marital association manifested: [__/__/____]
Earliest date the 180/365-day requirement will be satisfied: [__/__/____]

C. Domicile / Jurisdiction — La. C.C.P. art. 10(A)(7)

☐ One spouse is domiciled in Louisiana. (Louisiana does not impose a fixed-day residency requirement for divorce; the test is domicile of at least one spouse, traditionally understood as bona fide residence with intent to remain. Some practitioners cite a six-month period for venue/domicile in particular contexts — verify with current local rules.)

Domiciled spouse: [____________________________] Parish of domicile: [____________________________]

D. Venue — La. C.C.P. art. 3941

Filing in [____________________________] Judicial District Court, Parish of [____________________________].

Venue is proper because:
☐ The parish where either party is domiciled; OR
☐ The parish where the parties last matrimonial domicile was located.

E. Reconciliation — La. Civ. Code art. 104

☐ The parties have not reconciled; any subsequent isolated incidents have not constituted reconciliation (mutual intent + actual resumption of living together as spouses).

F. Covenant Marriage — La. R.S. 9:307

☐ The marriage is NOT a covenant marriage.
☐ The marriage IS a covenant marriage; covenant marriage divorce procedures apply (different grounds; this packet must be adapted).

G. Required Documents

PART 2 — PETITION FOR DIVORCE

[____]th JUDICIAL DISTRICT COURT — PARISH OF [____________________________] — STATE OF LOUISIANA
Docket No.: [____________________] Division: [____]

PETITION FOR DIVORCE

☐ Pursuant to La. Civ. Code art. 102 (separation period continues to run post-service)
☐ Pursuant to La. Civ. Code art. 103(1) (separation period already elapsed)

The Petition of [PETITIONER FULL LEGAL NAME], a person of the full age of majority and domiciled in the Parish of [____________________________], State of Louisiana, with respect represents:

1. Made Defendant herein is [DEFENDANT FULL LEGAL NAME], a person of the full age of majority [domiciled in the Parish of [____________________________]] / [domiciled outside this State].

2. Petitioner and Defendant were lawfully married on [__/__/____] in [______________________, ____________]. The last matrimonial domicile of the parties was [______________________, ____________________________ Parish, Louisiana].

3. The marriage [☐ IS / ☐ IS NOT] a covenant marriage under La. R.S. 9:272 et seq.

4. Of the marriage:

☐ No children were born or adopted, and Petitioner is not pregnant.
☐ The following minor child(ren) were born of or adopted during the marriage:

5. The parties physically separated on [__/__/____], at which time at least one party manifested an intent to terminate the marital association. The parties have lived separate and apart continuously since that date without reconciliation. La. Civ. Code arts. 102, 103, 103.1; Dunn v. Dunn, 309 So. 3d 969 (La. App. 2 Cir. 2021).

6. [Article 103(1) Petitions only] At the time of filing, more than [☐ 180 / ☐ 365] days have elapsed since the parties commenced living separate and apart without reconciliation, satisfying La. Civ. Code arts. 103(1) and 103.1.

7. [Article 102 Petitions only] Petitioner intends to live separate and apart from Defendant for the requisite 180/365 days after service of this Petition (or execution of Waiver) and will thereafter file a Rule to Show Cause. La. C.C.P. art. 3952.

8. Petitioner seeks a divorce under Article [☐ 102 / ☐ 103(1)] of the Louisiana Civil Code.

9. Community Property. The community of acquets and gains existing between the parties shall be terminated retroactively to the date of filing of this Petition. La. Civ. Code art. 159.

☐ The parties have entered (or intend to enter) a written Community Property Settlement under La. R.S. 9:2801.
☐ Judicial partition is reserved.

10. Use of Family Home (La. R.S. 9:374). ☐ Petitioner / Defendant requests use and occupancy of the family residence located at [______________________________________].

11. Spousal Support (La. Civ. Code arts. 111, 112). ☐ Neither party seeks interim or final periodic spousal support. ☐ Addressed in the Settlement Agreement.

12. Restoration of Name. ☐ Petitioner requests authorization to resume the prior legal name [____________________________] pursuant to La. R.S. 9:292.

13. Child Custody and Support (if applicable). ☐ Joint custody is requested with [______________] designated domiciliary parent. Child support shall be set pursuant to La. R.S. 9:315 et seq.

WHEREFORE, Petitioner prays:

a. That Defendant be duly cited and served with a copy of this Petition;
b. That after due proceedings, a Judgment of Divorce be rendered dissolving the bonds of matrimony between Petitioner and Defendant pursuant to La. Civ. Code art. [☐ 102 / ☐ 103(1)];
c. That the community of acquets and gains be terminated retroactively to the date of filing;
d. ☐ That the Settlement Agreement be approved and incorporated;
e. ☐ That custody, visitation, and child support be ordered as set forth herein;
f. ☐ That Petitioner be authorized to resume the prior legal name [____________________________];
g. For all general and equitable relief.

VERIFICATION (La. C.C.P. art. 3951)

State of Louisiana, Parish of [____________________________]

Before me, the undersigned Notary, personally came and appeared [PETITIONER], who being duly sworn deposed and stated: I am the Petitioner in the foregoing Petition; I have read the same; and all the facts and allegations therein are true and correct to the best of my knowledge, information, and belief.

Petitioner: [____________________________] Date: [__/__/____]
Sworn and subscribed: [__/__/____]
Notary: [____________________________] Bar/Notary ID: [____________]

Respectfully submitted,

Address: [______________________________________]
Telephone: [______________] La. Bar Roll No. (if counsel): [____________]

PART 3 — CITATION AND SERVICE OF PROCESS

A. Citation

The Clerk of Court shall issue Citation directing Defendant to file an answer or other pleading within fifteen (15) days after service if served within Louisiana (30 days if served out of state). La. C.C.P. arts. 1201, 1701.

B. Service

Service may be made by:
☐ Personal service by the Sheriff of the parish of Defendant's domicile (or constituted agent for nonresidents).
☐ Domiciliary service at Defendant's domicile (La. C.C.P. art. 1234).
☐ Long-arm service under La. R.S. 13:3201–3207 (nonresident defendant).
☐ Waiver of Service and Citation (signed and notarized — see Part 4).

C. Affidavit of Service / Sheriff's Return

Required in the record before any Rule to Show Cause may be set. La. C.C.P. art. 3955.

PART 4 — WAIVER OF SERVICE AND CITATION

[____]th JUDICIAL DISTRICT COURT — PARISH OF [______________] — Docket No.: [______________]

I, [DEFENDANT FULL LEGAL NAME], being a person of the full age of majority, declare:

1. I am the Defendant in the above-captioned action.
2. I acknowledge receipt of a copy of the Petition for Divorce.
3. I expressly WAIVE service of citation and the Petition under La. C.C.P. art. 1201 et seq.
4. I understand that, in an Article 102 matter, the 180/365-day separation period required by La. Civ. Code art. 103.1 begins to run from the date of this Waiver (or service of the Petition).
5. I do not waive my right to receive notice of subsequent pleadings as required by law.

Defendant: [____________________________] Date: [__/__/____]
Sworn and subscribed: [__/__/____]
Notary: [____________________________]

PART 5 — AFFIDAVIT OF MARITAL STATUS (PETITIONER)

State of Louisiana, Parish of [____________________________]

I, [PETITIONER FULL NAME], being duly sworn, depose and say:

1. I am the Petitioner and have personal knowledge of the facts stated herein.
2. I and the Defendant were lawfully married on [__/__/____] and have not since divorced.
3. The parties have lived separate and apart continuously since [__/__/____], without reconciliation, with the manifest intent of at least one party to terminate the marital association.
4. There has been no resumption of cohabitation and no mutual intent to reconcile.
5. ☐ At the time of filing the Rule (Art. 102) / Petition (Art. 103), there [were / were no] minor children of the marriage.
6. I desire to be divorced from the Defendant.

Petitioner: [____________________________] Date: [__/__/____]
Sworn and subscribed: [__/__/____] Notary: [____________________________]

PART 6 — COMMUNITY PROPERTY SETTLEMENT / PARTITION

Pursuant to La. R.S. 9:2801 and La. Civ. Code arts. 2336 and 2369.1 et seq., the parties enter into the following partition of community property and debts. Retroactive termination of the community to the filing date of the Petition is requested. La. Civ. Code art. 159.

A. Immovable (Real) Property

Family residence at [______________________________________]:
☐ Allocated to Petitioner (refinance/dation en paiement within [____] days).
☐ Allocated to Defendant (refinance/dation within [____] days).
☐ Sold; net proceeds split Petitioner [____]% / Defendant [____]%.

B. Movable Property and Vehicles

C. Financial Accounts, Retirement (Sims/Hare interests)

☐ Each party retains accounts titled in their sole name except as listed.
☐ Retirement (401(k)/pension/IRA): division by QDRO if applicable: [________________________].

D. Community Debts

Each party shall be solely responsible for the debts listed beside their name and shall indemnify the other.

E. Separate Property Acknowledgment

Each party confirms ownership of the separate property listed in Schedule E (acquired before marriage, by donation, or by inheritance — La. Civ. Code art. 2341).

F. Spousal Support (La. Civ. Code arts. 111–113)

☐ Both parties waive interim and final periodic spousal support.
☐ Final periodic support of $[________] per month for [____] months from [__/__/____].

I have read this Settlement, understand its terms, had the opportunity to consult counsel, and execute it freely.

Petitioner: [____________________________] Date: [__/__/____]
Defendant: [____________________________] Date: [__/__/____]
Notarized: ☐ Yes (recommended)
Two Witnesses (authentic act): 1) [____________________________] 2) [____________________________]

PART 7 — CUSTODY AND CHILD SUPPORT — IF MINOR CHILDREN

A. Custody (La. Civ. Code arts. 131–134; La. R.S. 9:335)

☐ Joint custody with [______________] designated as domiciliary parent.
☐ Sole custody to [______________].
☐ Joint Custody Implementation Plan attached.

B. Visitation / Physical Custody Schedule

Regular: [________________________________________________]
Holidays / school breaks / summer: [________________________________________________]

C. Child Support (La. R.S. 9:315 et seq.)

☐ Immediate income assignment ordered (La. R.S. 46:236.3).
☐ Health insurance provided by: [______________].
☐ Extraordinary expenses allocated: [____]% Petitioner / [____]% Defendant.

PART 8 — RULE TO SHOW CAUSE (ARTICLE 102 ONLY)

[____]th JDC — Parish of [______________] — Docket No.: [______________]

RULE TO SHOW CAUSE FOR DIVORCE — LA. CIV. CODE ART. 102

Petitioner moves the Court for a Rule directing the Defendant to show cause why a Judgment of Divorce should not be rendered, and represents:

1. Petitioner filed her/his Petition for Divorce under La. Civ. Code art. 102 on [__/__/____].
2. Defendant was [served / executed Waiver of Service] on [__/__/____].
3. More than [☐ 180 / ☐ 365] days have elapsed since service / waiver, and the parties have lived separate and apart continuously during that period without reconciliation. La. Civ. Code art. 103.1.
4. This Rule is filed within two (2) years of service / waiver as required by La. Civ. Code art. 102.
5. Petitioner attaches the Final Affidavit required by La. C.C.P. art. 3956(5).

WHEREFORE, Petitioner prays that a Rule issue directing Defendant to show cause on [__/__/____] at [__:__ __M] why a Judgment of Divorce should not be rendered.

VERIFICATION

State of Louisiana, Parish of [______________]
Sworn and subscribed: [__/__/____]
Petitioner: [____________________________] Notary: [____________________________]

FINAL AFFIDAVIT OF MOVER (La. C.C.P. art. 3956(5))

I, [PETITIONER], being duly sworn, depose:

a. The parties have lived separate and apart continuously for at least [☐ 180 / ☐ 365] days prior to the filing of this Rule.
b. The parties are living apart at the time of the execution of this Affidavit.
c. I desire to be divorced from the Defendant.

Petitioner: [____________________________] Date: [__/__/____] (executed after Rule was filed)
Sworn before: [____________________________] Notary

CERTIFICATION OF ELIGIBILITY (LASC App. 27.0A — Art. 102 Checklist)

☐ Completed and filed on or before the hearing date.

PART 9 — JUDGMENT OF DIVORCE

[____]th JUDICIAL DISTRICT COURT — PARISH OF [____________________________] — Docket No.: [______________]

JUDGMENT OF DIVORCE

This matter came before the Court on the [☐ Petition for Divorce under La. Civ. Code art. 103(1) / ☐ Rule to Show Cause under La. Civ. Code art. 102]. The Court, having considered the pleadings, affidavits, the Community Property Settlement (if any), the testimony adduced, and the law and evidence, FINDS:

1. The Court has jurisdiction over the status of the marriage; at least one spouse is domiciled in Louisiana.
2. The parties were lawfully married on [__/__/____].
3. The parties have lived separate and apart continuously without reconciliation since [__/__/____], a period in excess of [☐ 180 / ☐ 365] days as required by La. Civ. Code art. 103.1.
4. ☐ [Art. 102 cases] More than the requisite period has elapsed since service of the Petition / execution of waiver, and the Rule was timely filed within two years.
5. ☐ The Community Property Settlement is fair and is approved and homologated.

IT IS ORDERED, ADJUDGED, AND DECREED:

A. A Judgment of Divorce is GRANTED in favor of [PETITIONER] and against [DEFENDANT], dissolving the bonds of matrimony heretofore existing between them under La. Civ. Code art. [☐ 102 / ☐ 103(1)].

B. The community of acquets and gains formerly existing between the parties is TERMINATED retroactively to the date of filing of the Petition, [__/__/____], pursuant to La. Civ. Code art. 159.

C. ☐ The Community Property Settlement dated [__/__/____] is APPROVED, HOMOLOGATED, and made the Judgment of this Court.

D. ☐ Custody, visitation, and child support are ORDERED as set forth above; immediate income assignment shall issue.

E. ☐ Spousal support: [____________].

F. ☐ Petitioner is AUTHORIZED to resume the prior legal name [____________________________] per La. R.S. 9:292.

G. Each party shall bear their own costs (or as taxed: [____________]).

JUDGMENT READ, RENDERED, AND SIGNED at [______________], Louisiana, this [____] day of [______________], 20[____].

________________________________
District Court Judge

PART 10 — FILING PROCEDURE CHECKLIST

☐ Confirm Louisiana domicile of at least one spouse and proper venue.
☐ Determine track: Art. 102 (two-step) or Art. 103(1) (one-step).
☐ Verify required separation period: 180 days (no minor children) / 365 days (minor children) at the appropriate filing date.
☐ Prepare verified Petition, Affidavit of Marital Status, Confidential Information Form (where required).
☐ Pay filing fee (parish-dependent; typically $300–$500) or file In Forma Pauperis (IFP) application.
☐ File via parish Clerk of Court (paper or e-filing where available; e.g., Orleans LACourtConnect; Caddo, EBR, Jefferson e-filing portals).
☐ Serve Defendant via Sheriff or obtain notarized Waiver of Service.
☐ File Sheriff's Return / Waiver in record.
☐ [Art. 102] Mark calendar for 180/365 days post-service AND 2-year deadline to file Rule to Show Cause.
☐ [Art. 102] File Rule to Show Cause, Final Affidavit (La. C.C.P. art. 3956(5)), and LASC App. 27.0A Certification.
☐ [Art. 103(1)] Confirm separation period elapsed BEFORE petition was filed.
☐ Submit Community Property Settlement (or partition petition under La. R.S. 9:2801) for homologation.
☐ Submit proposed Judgment of Divorce; appear at hearing if required by local rule (some parishes allow Article 103 judgments on the papers; many require brief testimony).
☐ Obtain certified copies of Judgment; record in conveyance/mortgage records for community property.

PART 11 — SOURCES AND REFERENCES

• Louisiana Civil Code Articles 102, 103, 103.1, 104, 111–113, 131–134, 159.
• La. C.C.P. arts. 3941–3958 (Divorce procedure); arts. 1201–1314 (Service).
• La. R.S. 9:291, 9:292, 9:307 et seq. (Covenant Marriage), 9:315 et seq. (Child Support), 9:374, 9:2801.
• Louisiana Supreme Court, Appendix 27.0A — La. C.C. Art. 102 Divorce Checklist.
• Louisiana State Bar — Family Law Section materials.
• Louisiana Civil Law Treatise, Volume 16: Matrimonial Regimes.