Divorce Process in Louisiana: Steps, Waiting Periods and Covenant Marriage Rules

Last reviewed: October 5, 2026. This article is general information, not legal advice. Louisiana divorce procedure is set by statute and by local court rules, so check with the clerk of court in your parish or a Louisiana family law attorney before filing.

If you're thinking about ending a marriage in Louisiana, it helps to know that the state's rules are a little different from most of the country. Louisiana has two kinds of marriage (standard and covenant), two main ways to file a no-fault divorce, and waiting periods that depend on whether you have minor children. Once those pieces make sense, the divorce process in Louisiana is much easier to follow.

Short answer: In a standard Louisiana marriage, you can get a no-fault divorce after living separate and apart for 180 days (no minor children) or 365 days (minor children), either by filing first and waiting (Article 102) or by waiting first and then filing (Article 103). Covenant marriages require counseling and longer separation periods. Adultery, a qualifying felony sentence or abuse can allow a divorce without the waiting period.

Standard marriage or covenant marriage?

Start by checking which kind of marriage you have, because it changes everything else.

• Standard marriage. Most Louisiana couples have one. The no-fault rules in Civil Code articles 102, 103 and 103.1 apply.
• Covenant marriage. Couples choose this when they apply for the marriage license, or convert an existing marriage later. It involves counseling, a signed declaration of intent, and a commitment to seek counseling if problems arise. Articles 102 and 103 both begin "Except in the case of a covenant marriage", so covenant couples follow R.S. 9:307 instead.

If you're not sure, your marriage certificate or the clerk of court in the parish where you got your license can tell you.

Who can file, and where

A Louisiana court can hear a divorce when at least one spouse is domiciled in Louisiana. According to Loyola University New Orleans' pro bono desk manual, living in a parish for six months creates a rebuttable presumption of domicile under the Code of Civil Procedure. The case must be filed in the right parish: where either spouse is domiciled, or the parish of the last matrimonial domicile. The same manual notes that venue for divorce cannot be waived and that a divorce granted by a court of improper venue is an absolute nullity, so it's worth getting this right.

The Louisiana divorce process, step by step

Route 1: Article 102 (file now, wait after service)

1. File a petition for divorce with the clerk of court in the correct parish and pay the filing costs. Costs vary by parish, so ask the clerk. If you can't afford them, ask about applying for a fee waiver.
2. Serve your spouse, usually through the sheriff, or have your spouse sign a written waiver of service.
3. Wait. The 180 or 365 days run from service (or the waiver), and you must also have lived separate and apart continuously for that long.
4. File a rule to show cause once the time has passed, with the affidavits or other proof your court requires.
5. Get the judgment of divorce signed by the judge.

Route 2: Article 103(1) (wait first, then file)

1. Live separate and apart continuously for the full 180 or 365 days.
2. File a petition stating that you have already been apart for the required time.
3. Serve your spouse or obtain a waiver.
4. Ask for a judgment. Because the time has already passed, there is no second waiting period.

Route 3: fault-based grounds under Article 103

You don't have to wait for a separation period if you can prove that your spouse committed adultery, was sentenced to death or imprisonment at hard labor for a felony, physically or sexually abused you or a child of one of the spouses during the marriage, or had a protective order or injunction issued against them (after a contradictory hearing or by consent decree) to protect you or a child. These cases depend on evidence, so they can be contested.

The covenant marriage route

In a covenant marriage, the statute expects the spouses to go through counseling (or other reasonable steps to preserve the marriage) first. After that, you either prove one of the listed grounds, live apart for two years, or first obtain a separation from bed and board and then wait the additional period. A separation from bed and board does not end the marriage, so neither spouse can remarry, but it ends living together and the shared finances between you.

Children, support and property

The divorce judgment ends the marriage. Under Civil Code article 105, either spouse can also ask the court to decide custody, visitation, child support, spousal support, injunctive relief, and the use of the family home or community property. Courts may order mediation or parenting classes in custody disputes, so check your parish's local rules. Louisiana is a community property state, and dividing what you own together is usually its own process that can continue after the divorce. If you're working through custody questions, our guide on how long a temporary custody order lasts may help.

What speeds up or slows down a Louisiana divorce

Things that help:

• Already living apart for the full period, so you can file under Article 103(1).
• A waiver of service instead of waiting for the sheriff.
• Agreeing on custody, support and property before you file, and putting the agreement in writing.
• Filing in the correct parish with complete paperwork.

Things that slow it down:

• Reconciliation. Article 104 says the cause of action for divorce is extinguished by the reconciliation of the parties, so getting back together can mean starting over.
• Disputes over fault grounds, custody or property, which can mean hearings and trials.
• Covenant marriage requirements, including counseling and the longer separation periods.
• Trouble serving a spouse who can't be found.

Common mistakes to avoid

• Counting from the wrong date. Under Article 102, the waiting period runs from service or the waiver of service, not from the day you filed.
• Assuming you have a standard marriage when you signed covenant marriage papers.
• Treating the divorce as the end of everything when property and support may still be open. Our article on what can be used against you in a divorce covers some common pitfalls.

Where to get help

The Louisiana Legal Navigator has a free guided interview that prepares Article 103 divorce forms for people who are not in a covenant marriage. Local legal aid offices can also help. If your case involves abuse, a business, retirement accounts or a contested custody issue, a Louisiana family law attorney is worth speaking to.

Sources

• La. Civil Code art. 103.1 (time periods): Louisiana Legislature
• La. R.S. 9:307 (covenant marriage grounds): Louisiana Legislature
• La. Civil Code arts. 102 to 105 (Title V, Divorce): LSU Law Center, Louisiana Civil Code
• Covenant marriage overview: Lafayette Parish Clerk of Court
• Louisiana divorce venue, domicile and procedure: Loyola University New Orleans, Pro Bono Desk Manual
• Article 103 divorce self-help tool: Louisiana Legal Navigator