Louisiana's divorce process has some quirks that set it apart from every other state. For starters, Louisiana doesn't use "equitable distribution" or "community property" the way most people understand those terms — it has its own civil law system rooted in French legal tradition. Community property here follows specific rules about who owns what and when.
Also unique: Louisiana offers "covenant marriage," a special category that requires pre-marriage counseling and makes divorce harder to obtain. If you have a covenant marriage, the rules are different from a standard marriage. Most people don't — but check your marriage certificate to be sure.
Quick Overview: Louisiana Divorce
Louisiana is a No-fault + fault state with Community Property for property division.
Key Facts About Louisiana Divorce
- Residency requirement: 6-12 months
- Filing fee: 50-00
- Typical timeline: 6-12 months
- Property division: Community Property
- Grounds: No-fault + fault
Step-by-Step: How to File for Divorce in Louisiana
Step 1: Make Sure You Meet the Residency Requirement
To file for divorce in Louisiana, you or your spouse must have been a resident of the state for 6-12 months before filing.
You'll need to prove residency with documents like a driver's license, voter registration, or lease agreement.
Step 2: Gather Required Documents
Before you file, collect:
- Marriage certificate (original or certified copy)
- Financial records: tax returns, pay stubs, bank statements, investment accounts
- Property records: deeds, mortgage statements, vehicle titles
- Debt information: credit cards, loans, mortgages
- Child custody information (if you have minor children): birth certificates, school records, childcare costs
Step 3: Complete the Divorce Forms
In Louisiana, you'll need to complete:
- Petition for Dissolution of Marriage (or Complaint for Divorce) — The main form that starts the divorce process
- Summons — Legal notice to your spouse
- Financial affidavits — Income, expenses, assets, and debts
- Child custody and support forms (if applicable)
- Property division worksheets
You can get these forms from:
- Louisiana court websites (search "Louisiana divorce forms")
- Your local family court clerk's office
- Legal aid organizations in Louisiana
Step 4: File Your Forms with the Court
Once your forms are complete, file them with the Louisiana family court (also called circuit court, superior court, or district court depending on the county).
Filing Fee: 50-00 (non-refundable)
If you can't afford the filing fee, you can request a fee waiver by filing an Affidavit of Indigency or similar form showing financial hardship.
Pro Tip: File in the Right County
Louisiana parishes (not counties) handle divorce filings, and procedures can vary significantly between them. Check with your specific parish court clerk for local requirements.
Step 5: Serve Your Spouse
After filing, you must legally "serve" your spouse — meaning they must be officially notified of the divorce.
Louisiana requires personal service, but your spouse can sign a waiver. Given the unique aspects of Louisiana law, make sure your service paperwork follows state-specific requirements.
In Louisiana, acceptable methods include:
- Sheriff or process server — Most common method
- Certified mail (in some cases)
- Personal delivery by a non-party adult (not you)
- Acceptance of service — Your spouse signs a form acknowledging receipt
You cannot serve the papers yourself. You must use one of the approved methods under Louisiana law.
Step 6: Wait for Your Spouse's Response
Once served, your spouse has a set amount of time (typically 20-30 days in Louisiana) to file a response or answer.
If your spouse:
- Agrees with everything: The divorce can proceed as uncontested (faster and cheaper)
- Disagrees or contests issues: You may need mediation or a contested hearing
- Doesn't respond: You can request a default divorce (the court can grant the divorce without your spouse's input)
Step 7: Negotiate and Finalize Settlement
If both parties agree (uncontested divorce), you'll create a settlement agreement covering:
- Property division: Who gets what assets and debts
- Alimony/spousal support: If applicable
- Child custody and visitation: Legal and physical custody arrangements
- Child support: Calculated according to Louisiana guidelines
Property Division in Louisiana
Louisiana follows Community Property, which means:
- Assets and debts are divided fairly (not necessarily 50/50)
- The court considers factors like length of marriage, income, contributions, and needs of each party
- Marital property (acquired during marriage) is divided; separate property (owned before marriage or inherited) typically stays with the owner
Step 8: Attend the Final Hearing (if required)
Depending on your county and case, Louisiana may require a final hearing where:
- A judge reviews your settlement agreement
- You answer a few basic questions under oath
- The judge signs the final divorce decree
In some uncontested cases, Louisiana allows the divorce to be finalized without a hearing if all paperwork is correct.
Step 9: Receive Your Divorce Decree
Once the judge approves, you'll receive a final divorce decree (also called Judgment of Dissolution). This is the official document ending your marriage.
The divorce is final on the date the decree is signed. You'll receive certified copies for your records.
You're Officially Divorced
Once the decree is signed, your marriage is legally dissolved. Follow through on any requirements in the decree (transferring property, changing beneficiaries, etc.).
How Long Does a Divorce Take in Louisiana?
The timeline for divorce in Louisiana depends on several factors:
- Uncontested divorce: 6-12 months (if both parties agree)
- Contested divorce: 6-12+ months (or longer with complex disputes)
- Court backlog: Some counties have delays due to caseloads
How Much Does a Divorce Cost in Louisiana?
DIY uncontested divorce: 50-00 filing fee + minimal costs for forms/service (under $500 total)
Attorney-assisted divorce: $3,000-$15,000+ (depends on complexity and attorney rates)
Contested divorce with trial: $15,000-$30,000+ (can be much higher with complex assets or custody disputes)
When to Hire a Lawyer
You should strongly consider hiring an attorney if:
- Your spouse is contesting the divorce
- You have significant assets or complex property division
- Child custody is disputed
- There's domestic violence or abuse
- Your spouse has hired a lawyer
For simple, uncontested divorces where both parties agree, you can file yourself and save thousands in legal fees.
Common Questions About Louisiana Divorce
Do I need a lawyer to get divorced in Louisiana?
More than most states, Louisiana is one where a lawyer can really help. The civil law system, community property rules, and potential covenant marriage complications make this state's divorce law genuinely different from the other 49 states.
Can I get divorced in Louisiana if my spouse doesn't agree?
Yes, but Louisiana has specific requirements. For a standard marriage with no-fault grounds, you typically need to live apart for 180 days (or 365 days if you have minor children). Fault-based grounds can speed this up.
How is property divided in a Louisiana divorce?
Louisiana uses Community Property, which means the court divides marital property fairly (not necessarily equally). Separate property typically stays with the owner.
What if we have children?
Louisiana courts consider the child's best interests and evaluate a detailed list of factors. The state recognizes both joint custody and sole custody arrangements. Joint custody is preferred when both parents are fit.
Can I go back to my maiden name?
Yes, you can request a name change as part of your divorce proceedings in Louisiana.
Next Steps
If you're ready to file for divorce in Louisiana:
- Gather all required documents (marriage certificate, financial records)
- Download and complete the divorce forms from your Louisiana court website
- File the forms with your local family court and pay the 50-00 filing fee
- Serve your spouse and wait for their response
- Follow through with the process until you receive your final divorce decree
Resources for Louisiana Divorce
- Louisiana Court System: Search "Louisiana family court" for forms and instructions
- Legal Aid: Search "Louisiana legal aid divorce" for free assistance if you qualify
- Self-Help Centers: Many Louisiana courts have self-help centers for DIY filers