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Guide to Uncontested Divorce in Louisiana

December 23, 2025

Uncontested / Simple Divorce in Louisiana: A Plain-English Guide

If you live in Louisiana and both you and your spouse agree that the marriage is over, you may be able to end it with an uncontested divorce. In everyday language, people often call this a “simple divorce”, something more predictable, cheaper, and much less stressful than a full court battle.

This guide explains how an uncontested divorce in Louisiana works: who qualifies, what the basic steps look like, how long it may take, and what it might cost. It’s written for self-represented people (not lawyers) and focuses on practical, plain-English information.

We’ll also show where a do-it-yourself (DIY) divorce kit can help you stay organized and avoid common mistakes, while still reminding you when it may be safer to talk with a local attorney or legal aid office.

Important: PlainDivorce.com is not a law firm. This article is legal information only, not legal advice. Divorce rules, court forms, and fees in Louisiana change over time. Always confirm the latest requirements with your Clerk of Court, official court resources, or a Louisiana lawyer before you file.

Table of Contents

uncontested divorce in Louisiana

1. What Is an Uncontested or Simple Divorce in Louisiana?

In Louisiana, the “simple divorce” idea usually comes down to choosing the correct no-fault legal track and keeping the case uncontested. The two main no-fault routes people hear about are:

  • Petition for Divorce (Civil Code Article 102): file first, then complete the separation period after the case is started.
  • Petition for Divorce (Civil Code Article 103): complete the separation period first, then file once you already qualify.

When people say “uncontested divorce in Louisiana,” they usually mean a case where:

  • You meet Louisiana’s residency rules and can file in the correct parish (Louisiana uses parishes, not counties).
  • You use a no-fault separation-based ground (rather than fault grounds).
  • You and your spouse agree on the major issues (children, support, and property/debts), or you agree on how and when those issues will be handled.
  • Your spouse does not fight the case in court.

An uncontested divorce is about agreement. You still end the marriage through the court system, and a judge still signs the final Judgment of Divorce, but the process is typically more straightforward because there is no trial and fewer court events.

2. Who Qualifies for an Uncontested Divorce in Louisiana?

Before you think about paperwork, check three fundamentals: residency, the correct legal path (Article 102 vs. 103), and agreement.

2.1 Residency and where to file (parish matters)

To file for divorce in Louisiana, either you or your spouse must be domiciled in Louisiana (your true home) before you file. Domicile is a legal concept and can be fact-specific. If you’re unsure, confirm with local court resources or a Louisiana attorney.

In most cases, you file in the appropriate district court for the correct parish, such as:

  • the parish where you live,
  • the parish where your spouse lives, or
  • the parish where you last lived together as spouses (in some situations).

If you’re unsure which parish is correct, contact the Clerk of Court for the parish you believe applies, or consult a Louisiana attorney or legal aid office.

2.2 Grounds for divorce (no-fault separation vs. fault)

Louisiana recognizes both no-fault and fault-based grounds. Most “simple” uncontested cases use the no-fault separation route. The key term DIY filers should use is separation period (not “waiting period”).

  • 180-day separation period is commonly used in cases with no minor children.
  • 365-day separation period is commonly used in cases with minor children.

Important: The practical question is not only the number of days, but which path you’re using (Article 102 vs. 103) and what your parish packet treats as the key “start date” for counting time. Confirm with your parish’s official self-help packet or a lawyer if you are unsure.

If you are in a covenant marriage, special rules may apply and you may not be able to use the standard separation-based process the same way. In that situation, get legal advice before filing.

2.3 Agreement on children, support, and property (including the property “partition” reality)

To keep your case uncontested, you and your spouse must agree on more than just ending the marriage. You typically need to resolve:

  • Children: custody and parenting arrangements and a workable schedule.
  • Child support: what will be paid and how it will be handled.
  • Spousal support: whether it applies and on what terms.
  • Property and debts: how you will divide them in a community property state like Louisiana.

Property note: In Louisiana, spouses often deal with property by a written community property settlement, or they may reserve community property partition for later. If you are asking the court to handle a community property partition under La. R.S. 9:2801, there are specific procedural requirements and documents that may be required, including a sworn inventory-style list described below.

2.4 When an uncontested divorce may not be appropriate

An uncontested or DIY divorce may not be a good fit if:

  • There is domestic violence, intimidation, or control.
  • One spouse does not understand the finances or feels pressured.
  • You disagree about children, support, or property and debts.
  • You have complex assets (businesses, multiple properties, major retirement accounts, separate vs. community property issues).
  • There are serious immigration, tax, or bankruptcy concerns tied to the marriage.

In these situations, it’s safer to get advice from a Louisiana family lawyer or legal aid office before you file, even if you still hope to settle later.

3. Step-by-Step Overview of the Uncontested Divorce Process

Every parish can have local rules and preferred packets, but most uncontested Louisiana divorces follow a similar roadmap. The biggest fork in the road is whether you’re filing a Petition for Divorce (Article 102) or a Petition for Divorce (Article 103).

Step 1 – Confirm your path: Article 102 or Article 103

Start here before you print anything. Article 102 and Article 103 are not just labels. They affect when you file, what you file, and how long it will take.

Step 2 – Reach agreement on key issues (including property)

Even if you keep things simple, you should have clear agreements about:

  • Children: custody and parenting schedule, decision-making, transportation, holidays.
  • Support: child support and (if applicable) spousal support.
  • Property and debts: how you will divide community property and community debts (now, later, or by agreement).

Property division can be high stakes in a community property state. If you have meaningful assets, retirement accounts, or major debts, consider a one-time lawyer review before you sign anything.

Step 3 – Prepare your forms (use your parish’s current packet)

Many parish courts provide different packets depending on whether you’re filing under Article 102 or Article 103 and whether you have children. In plain English, you’re usually preparing:

  • Petition for Divorce (Article 102 or 103) (starts the case).
  • Supporting affidavits or verifications covering residency or domicile and separation facts (packet-specific).
  • Waiver of Service and Citation (only if your spouse will cooperate and your parish packet allows waiver).
  • A proposed Judgment of Divorce for the judge to sign at the end.

Coversheet reality: Some parishes require a civil cover sheet or local domestic relations cover sheet when opening a case. This is a local clerk requirement, so check your parish’s instructions or ask the Clerk of Court what they require with the petition.

Form names and exact requirements can vary by parish. Always use the most current packet for your parish and read the local instructions carefully.

This is also where a DIY divorce kit can help: organizing the steps, keeping documents in order, and reducing common rejection issues like missing signatures or filing the wrong packet for your situation.

Download Our Louisiana Uncontested Divorce Self-Help Kit

Step 4 – File your case with the Clerk of Court (in the correct parish)

You file your signed paperwork with the Clerk of Court for the appropriate parish district court. You will typically:

  • Pay the parish filing fee (varies by parish).
  • Receive a case or docket number.
  • Ask about parish-specific filing requirements (coversheets, copies, local checklists).

If you cannot afford the filing fee, ask the Clerk of Court (or local legal aid) whether your parish allows an application to defer or waive costs.

Step 5 – Complete service or waiver correctly (timing matters)

Louisiana requires formal notice to the other spouse through service, unless your parish packet allows a valid waiver. Common options include:

  • Service by the sheriff in the parish where your spouse is located.
  • A permitted private process server (where allowed).
  • A signed Waiver of Service and Citation (if your spouse is cooperative and your parish packet permits it).

Hard stop warning: In Louisiana, do not sign the Waiver of Service and Citation until after the Petition has been filed and you have a case number. A waiver signed too early (or dated the same day as the petition before a case number exists) can cause delays because the clerk or judge may treat it as invalid. Always follow your parish packet instructions.

Proper service (or a valid waiver) is a frequent DIY stumbling block. If service is incorrect, the judge may not sign your Judgment of Divorce until the issue is fixed.

Step 6 – Property partition paperwork (the “Detailed Descriptive List” issue)

You may see the term community property partition in Louisiana resources. Here is the plain-English point: if you are asking the court to partition community property under La. R.S. 9:2801, you may need a sworn inventory-style document called a Sworn Detailed Descriptive List of Assets and Liabilities.

This is the structured list that identifies assets and debts (and often values) so the court can understand what is being divided. Even if you agree, a judge cannot approve what they cannot clearly identify. If your parish packet handles property by agreement instead of a court partition, your packet may not require a DDL. Always follow your parish instructions for your specific path.

Step 7 – Submit final paperwork and obtain the Judgment of Divorce

To finish an uncontested case, you typically file a final set of documents asking the judge to grant the divorce. Depending on your parish and the packet you use, this may include:

  • Affidavits or verifications confirming key facts (domicile or residency, separation facts, no reconciliation).
  • A proposed Judgment of Divorce.
  • Any required child-related support or parenting documents (if minor children are involved).
  • Any parish-required checklists, cover sheets, or local certifications.

Some parishes handle uncontested cases by desk review (paper review). Others may schedule a brief hearing. Your parish packet or Clerk of Court can usually tell you what is typical locally.

4. Article 102 vs. Article 103: Which Path Fits?

This is the number one point of confusion for Louisiana DIY filers. Here’s the plain-English distinction:

  • Article 103 (“wait first, then file”): you file a Petition for Divorce after you have already lived separate and apart for the full separation period (often 180 days without minor children, or 365 days with minor children).
  • Article 102 (“file first, then wait”): you file a Petition for Divorce to start the case, then you complete the separation period after the case begins, and later you file follow-up paperwork asking the court to finalize the divorce.

Practical takeaway: If you are already separated long enough, Article 103 is often the simpler “one-track” path. If you are not separated long enough but want to start the court case now, Article 102 is often the “start now, finish later” path.

Article 102 vs. Article 103 (text-only decision guide)

Step 1: Ask this first

Have you already lived separate and apart long enough to qualify under Louisiana’s no-fault separation rule?

If YES → Article 103 (“wait first, then file”)

You typically file a Petition for Divorce (Article 103) after the separation period is already complete → complete service or a valid waiver → submit your final paperwork → the judge signs the Judgment of Divorce.

If NO → Article 102 (“file first, then wait”)

You typically file a Petition for Divorce (Article 102) now to start the case → complete service or a valid waiver → the separation period runs after filing → when the time requirement is met, you file the follow-up/final paperwork → the judge signs the Judgment of Divorce.

Quick takeaway

  • Article 103 often feels faster after filing because you qualify before you file.
  • Article 102 lets you start the case earlier, but you cannot finish until the separation period is completed and the final documents are filed.

5. Special Issues When You Have Children

Having children doesn’t prevent an uncontested divorce in Louisiana, but it adds requirements and closer court review. Even when parents agree, the court considers the child’s best interests.

In uncontested cases with minor children, the judge generally expects to see that:

  • Your custody and parenting plan is specific and workable.
  • Child support is addressed and appears consistent with Louisiana guidelines.
  • There are no obvious safety concerns or unfair terms.

Some parishes may require parenting or co-parenting classes in cases involving custody. Your Clerk of Court, parish court website, or local legal aid organization can tell you whether that applies in your parish.

6. How Long Does an Uncontested Divorce Take in Louisiana?

There are two different time components: (1) the 180 or 365-day separation period and (2) your parish court’s processing time.

  • Separation period: commonly 180 days (no minor children) or 365 days (minor children).
  • Processing time: time to prepare forms, complete service or a valid waiver, and obtain the signed Judgment of Divorce.

Why Article 102 vs. 103 matters:

  • Article 103: you typically don’t file until you already qualify by time separated, which can make the filing-to-judgment portion feel faster.
  • Article 102: you can start the case earlier, but you will not be able to finalize until the separation period is completed and the required follow-up documents are filed.

Even in an uncontested case, timelines vary by parish due to backlogs, local procedures, and paperwork errors. Treat any estimate online as general information only. Your Clerk of Court or a local attorney can often tell you what current processing times look like in your parish.

7. What Does an Uncontested Divorce Cost?

The cost of a “simple divorce in Louisiana” depends on the parish, service method, and complexity (especially children and property). Common expenses include:

  • Court filing fees (vary by parish).
  • Service costs (sheriff or permitted process server), unless you use a valid waiver where allowed.
  • Notary fees (for affidavits and sworn documents).
  • Certified copy fees for certified copies of your signed Judgment of Divorce.
  • Optional legal review (for example, a one-time consult to review parenting terms or a property settlement).

Realistic expectation: Many parishes charge several hundred dollars to open a divorce case, and the total can increase with service, sheriff fees, and local add-ons. Always confirm current fees with the Clerk of Court for your parish before filing.

8. When a DIY Divorce Might Not Be Right for You

A DIY uncontested divorce can work well for many couples, but it isn’t safe or wise in every situation. Consider getting legal help if:

  • There is domestic violence, threats, or serious control.
  • You feel pressured to sign documents you don’t understand.
  • You disagree about children, support, or property and debts.
  • You have a covenant marriage.
  • You have high-stakes property issues (businesses, major retirement accounts, separate vs. community property questions).
  • There are significant immigration, tax, or bankruptcy issues tied to the divorce.

PlainDivorce cannot tell you what you should do in your personal case. We provide legal information only. A Louisiana attorney who knows your facts can give legal advice.

9. Where a Self-Help Divorce Kit Fits Into the Process

Even in straightforward cases, Louisiana divorce involves multiple documents, technical service rules, and parish-by-parish differences. A self-help divorce kit can help you stay organized by:

  • Explaining the overall process in plain English.
  • Helping you understand the difference between Article 102 and Article 103.
  • Providing checklists and document organization so you don’t miss steps.
  • Reducing common errors (missing signatures, wrong packet, invalid waiver timing, incomplete attachments).

The kit does not replace a lawyer and cannot guarantee outcomes. Many people use a kit as their primary organizer and then pay a local attorney for a one-time review of key documents, especially when children or property division issues are involved.

Download Our Louisiana Uncontested Divorce Self-Help Kit

10. Final Thoughts and Next Steps

Starting a divorce, even an uncontested one, is a big emotional and practical step. It’s normal to feel overwhelmed when you first look at Louisiana packets and parish requirements.

If you and your spouse can cooperate, an uncontested divorce in Louisiana can be a lower-conflict path to moving forward. The biggest success factors are choosing the correct legal track (Article 102 vs. Article 103) and following your parish’s service and filing rules carefully so the judge can sign your Judgment of Divorce without delays.

Remember:

  • This guide is legal information only, not legal advice.
  • PlainDivorce.com is not a law firm and does not represent you in court.
  • Louisiana rules, forms, and fees can change, so always verify with your Clerk of Court or a Louisiana attorney.

When you’re ready, confirm the correct parish, confirm whether your situation fits Article 102 or 103, gather your documents, and use a clear checklist to stay on track. If you get stuck (especially on service, children, or property), consider contacting Louisiana legal aid or a family lawyer for help.

About Harry D

Expert contributor at PlainDivorce, helping Canadians and American navigate simple uncontested divorces with clarity and confidence.