Louisiana divorce guide
Divorce in Louisiana
Everything you need to file in Louisiana: who can file, how long it takes, what it costs, how property and support work, and the forms you will use.
Louisiana at a glance
The fast facts
Residency
No fixed durational residency requirement; a spouse must be domiciled in Louisiana (physical presence plus intent to remain), with a rebuttable presumption of domicile after 6 months
Waiting period
None if the required separation period was already completed before filing (Article 103); otherwise 180 to 365 days measured from service (Article 102)
Filing fee
$200 to $600, fee waivers available
Property
Community property
Grounds
No-fault and fault
Legal separation
Not available
Reviewed September 2026 from Louisiana's court self-help pages and statutes. Fees and local rules change, so confirm with your county clerk before you file.
How to file for divorce in Louisiana
- Check residency. No fixed durational residency requirement; a spouse must be domiciled in Louisiana (physical presence plus intent to remain), with a rebuttable presumption of domicile after 6 months.
- Check any separation requirement. 180 days living separate and apart if there are no minor children, or 365 days if there are minor children, required before a no-fault divorce under Article 102 or 103 (fault grounds such as adultery or a felony conviction can bypass this wait).
- Prepare and file the Petition for Divorce with the District Court (Civil District Court in Orleans Parish) in your county. The filing fee is typically $200 to $600, and you can ask for a fee waiver if you cannot afford it.
- Serve your spouse, or have them sign an acceptance of service, and file proof of service.
- Exchange financial disclosures. In a community property partition, each spouse must file a Sworn Detailed Descriptive List itemizing all community and separate property and debts.
- Settle the issues in a written agreement, and a parenting plan if you have children.
- Wait out the waiting period. None if the required separation period was already completed before filing (Article 103); otherwise 180 to 365 days measured from service (Article 102). Then ask the court for your final judgment.
Residency and grounds
Residency: No fixed durational residency requirement; a spouse must be domiciled in Louisiana (physical presence plus intent to remain), with a rebuttable presumption of domicile after 6 months.
Grounds: No-fault and fault. Most people still file on no-fault grounds, which is simpler and usually cheaper.
Separation: 180 days living separate and apart if there are no minor children, or 365 days if there are minor children, required before a no-fault divorce under Article 102 or 103 (fault grounds such as adultery or a felony conviction can bypass this wait).
How property is divided
Louisiana is a community property state. Most property and debt acquired during the marriage belongs to both spouses equally and is generally divided equally. Property owned before marriage, and gifts or inheritances to one spouse, are usually separate. Read community property and equitable distribution.
Custody and child support
Parenting terms: Louisiana uses the terms custody, with a domiciliary parent designated under a joint custody plan. Every decision is made in the child's best interests.
Parenting class: Varies by parish; many parishes require a court-ordered co-parenting class but there is no single statewide mandate.
Child support: Louisiana uses the income shares model, which combines both parents' incomes, estimates what parents at that income usually spend on children, and divides that amount by each parent's share of income. Try the child support calculator.
Spousal support
Louisiana awards interim spousal support from filing until 180 days after the divorce judgment, and separate final periodic support afterward only if the requesting spouse is free from fault and shown to be in need.
Estimate a range with the spousal support calculator, then have a lawyer check it if the numbers are large.
Faster and simpler options
Louisiana does not have a separate simplified procedure, but an uncontested divorce with a signed agreement is fast and inexpensive.
Legal separation: not offered in Louisiana as a separate case.
How long it takes
The minimum is set by the waiting period: none if the required separation period was already completed before filing (Article 103); otherwise 180 to 365 days measured from service (Article 102). A typical timeline is as little as a few weeks to 2 months for an Article 103 divorce once the separation requirement is already met; 6 to 13+ months for an Article 102 divorce given the 180 or 365 day separation period. Agreement is what moves the date most; contested cases add months of disclosures, discovery and hearings.
Worth knowing in Louisiana
- Louisiana no longer offers a formal legal separation for standard marriages; it survives only for covenant marriages.
- Louisiana is one of the few community property states in this group, splitting marital property 50/50 rather than 'equitably.'
- Reconciliation of the spouses, even briefly, can require restarting the separation period and the divorce case.
Some local details vary by county in Louisiana, including filing fee, filing fee. Check with your county clerk.
Official resources
Official forms and instructions come from Louisiana's courts. Sources we reviewed:
Last reviewed September 2026. Laws and fees change; confirm with your court before you file.
Straight answers
Louisiana divorce, plain answers
How long does a divorce take in Louisiana?
The waiting period is none if the required separation period was already completed before filing (Article 103); otherwise 180 to 365 days measured from service (Article 102). A typical timeline is as little as a few weeks to 2 months for an Article 103 divorce once the separation requirement is already met; 6 to 13+ months for an Article 102 divorce given the 180 or 365 day separation period.
How much does it cost to file for divorce in Louisiana?
The court filing fee is typically $200 to $600. You can ask for a fee waiver if you cannot afford it. Service, classes and professional help are extra.
How long do I have to live in Louisiana to file?
No fixed durational residency requirement; a spouse must be domiciled in Louisiana (physical presence plus intent to remain), with a rebuttable presumption of domicile after 6 months.
Is Louisiana a community property state?
Yes. Louisiana is a community property state, so most property from the marriage is divided equally.
Can I divorce in Louisiana if my spouse will not agree?
Yes. Your spouse cannot stop the divorce. Once they are properly served, the case can go ahead, by default if they do not respond.
Does Louisiana have legal separation?
No. Louisiana does not offer legal separation as a separate case.
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