An uncontested divorce in Louisiana is one where you and your spouse agree on every issue the court needs to decide — property division, any custody and support arrangements, and spousal support — and then use one of the state’s two no-fault procedures to end the marriage. Which procedure fits depends on how long you have already been living apart. Article 102 lets you start the case before the required separation period has run; Article 103 is for couples who have already completed it. The separation period itself is 180 days if there are no minor children of the marriage and 365 days if there are.
Article 102 or Article 103: Which Path Fits
Both procedures end in the same judgment of divorce. The difference is timing, and that difference shapes your filings, your appearances, and your cost.
Under Article 102, either spouse files a Petition for Divorce before the separation period is complete. The other spouse is served, and the separation clock starts running from the date of service or from the date that spouse signs a written waiver of service. Once the required period has passed, the filing spouse submits a Rule to Show Cause asking the court to grant the divorce.1Justia Law. Louisiana Civil Code Article 102 – Judgment of Divorce; Living Separate and Apart That second filing, and sometimes a brief hearing, adds work and cost. In exchange, the court can issue interim orders during the wait: temporary custody, interim spousal support, use of community property.
Under Article 103, you file after you have already lived separate and apart for the full required period. There is no second filing. Once the petition is in and the other spouse is served or waives service, the court can grant the divorce shortly thereafter.2Justia Law. Louisiana Civil Code Article 103 – Judgment of Divorce; Other Grounds For cooperating spouses who have already been apart long enough, Article 103 is usually faster and cheaper.
If you need court orders now, or you want to lock in a filing date while still under one roof, Article 102 is the fit. If the separation is done and you simply want the paperwork finished, Article 103 is the lighter route.
The Separation Period
Louisiana requires that spouses live separate and apart continuously before any no-fault divorce can be granted. The length depends on whether the marriage produced minor children:
- No minor children of the marriage: 180 days.
- Minor children of the marriage: 365 days.
These periods govern both Article 102 and Article 103 filings.3Justia Law. Louisiana Civil Code Article 103.1 – Judgment of Divorce; Time Periods Living separate and apart means maintaining separate residences with the intent to end the marriage. Sleeping in different bedrooms in the same home generally will not qualify. And the clock is unforgiving: if you reconcile and move back in together, it resets.
Where You Can File
At least one spouse must be domiciled in Louisiana when the petition is filed. Domicile means physical presence in the state plus the intent to remain. A spouse who has maintained a residence in a Louisiana parish for at least six months is presumed to be domiciled there.4Louisiana State Legislature. Louisiana Code of Civil Procedure Article 10 – Jurisdiction Over Status That presumption can be challenged, but it usually settles the question. If you have been in Louisiana less than six months, you can still file, but you may need to show intent to stay through a Louisiana driver’s license, voter registration, or a home purchase.
The petition is filed in the parish where either spouse is domiciled. If only one spouse lives in Louisiana, file in that spouse’s parish.
What You and Your Spouse Must Agree On
The “uncontested” label only applies if the two of you agree on every open issue. One unresolved disagreement makes the case contested, which means more time, more filings, and more cost. The agreement has three main pieces.
Community Property and Debts
Louisiana is a community property state. Property and debts acquired during the marriage generally belong to both spouses equally, no matter who earned the money or whose name is on the account.5Louisiana State Legislature. Louisiana Code RS 9:2801 – Partition of Community Property and Settlement of Claims Arising from Matrimonial Regimes Property owned before the marriage, or received during the marriage as a gift or inheritance, is generally separate and stays with that spouse.
Your settlement agreement should cover all jointly owned assets and debts: the home, bank and investment accounts, vehicles, credit card balances, outstanding loans. The default is an equal split of net value, but spouses can agree to an unequal division if both consent.
Custody and Child Support
When minor children are involved, you need a detailed parenting plan that addresses physical custody (where the children live), legal custody (who makes major decisions on education, healthcare, and similar matters), a holiday and summer schedule, and how exchanges work.6Louisiana Supreme Court. Appendix 29.2A Joint Custody Plan – With Domiciliary Parent Louisiana courts generally favor joint custody, with one parent designated the domiciliary parent — the one the child primarily lives with.
Child support is calculated under the Income Shares Model, which combines both parents’ adjusted gross incomes and applies the state guideline schedule based on the number of children, with additions for childcare, health insurance premiums, and extraordinary expenses.7Louisiana State Legislature. Louisiana Code RS 9:315.8 – Calculation of Total Child Support Obligation; Worksheet Parents in an uncontested case agree on the amount, but the court checks it against the guidelines to confirm the children are adequately provided for.
Spousal Support
Louisiana recognizes two types. Interim spousal support can be awarded while the divorce is pending and lasts up to 180 days after the judgment, with extensions available for good cause. It turns on the requesting spouse’s needs, the other spouse’s ability to pay, and the standard of living during the marriage.8Louisiana State Legislature. Louisiana Civil Code Article 111 – Interim Spousal Support Final periodic support can follow, but only after any interim award ends. In an uncontested divorce, spouses usually either agree on an amount and duration or waive support entirely. Put it in writing. Oral agreements about support are unenforceable.
Retirement Accounts and the QDRO
Retirement accounts earned during the marriage are community property, and dividing them takes an extra step people routinely miss. A divorce judgment on its own cannot force a 401(k), pension, or similar employer plan to pay benefits to a former spouse. You need a Qualified Domestic Relations Order, or QDRO: a separate court order directing the plan administrator to pay a share of the benefits to the other spouse.9U.S. Department of Labor. Qualified Domestic Relations Orders Under ERISA: A Practical Guide to Dividing Retirement Benefits
Without a valid QDRO, the plan pays only the account holder, whatever the divorce judgment says. Settlements fall apart here all the time: the property division is signed, the divorce is granted, and the other spouse later finds there is no mechanism to collect. Draft the QDRO alongside the other divorce documents, not after.
There is a tax advantage to doing it right. Distributions from a qualified retirement plan to a former spouse under a QDRO are exempt from the 10% early withdrawal penalty that otherwise applies before age 59½.10Office of the Law Revision Counsel. 26 USC 72 – Annuities; Certain Proceeds of Endowment and Life Insurance Contracts Regular income tax still applies. IRAs do not need a QDRO and can be divided through a transfer incident to divorce, but the divorce decree must specifically authorize the transfer.
The Paperwork and What It Costs
Specific forms vary by parish, but the core documents in an uncontested divorce are:
- Petition for Divorce, which identifies both spouses, states the grounds, and establishes jurisdiction.
- Acceptance of Service and Waiver of Citation, signed by the non-filing spouse to acknowledge the petition and skip formal sheriff’s service.
- Community Property Settlement Agreement covering the agreed division of assets and debts and any spousal support terms.
- Consent Judgment for Custody and Support, if minor children are involved, containing the parenting plan and support calculations.
- Rule to Show Cause, for Article 102 cases, filed after the separation period has elapsed to ask the court to grant the divorce.
Most parish clerks’ offices provide these forms or make them available for download. The Louisiana State Bar Association also publishes self-represented litigant packets for Article 102 divorces that walk you through each form. All documents must be signed before a notary public.
Filing fees vary by parish. A basic uncontested divorce filing typically runs around $400, and can reach $500 to $600 when rules or protective orders are added. Call your parish clerk of court for the exact amount. If you cannot afford the fee, you can apply to proceed in forma pauperis with a sworn affidavit of income, assets, and expenses; if the court grants it, you move forward without paying costs upfront.
How the Divorce Gets Finalized
What happens after filing depends on which article you used.
In an Article 103 case, the separation period is already behind you. Once the petition is filed and the other spouse is served or waives service, the court reviews the record. If everything is in order and the separation requirement is documented, the judge signs the Judgment of Divorce. Some parishes grant the divorce on the written record alone, with no appearance required.
In an Article 102 case, you file the petition first and wait for the full separation period to run from the date of service. When the time has passed, you file a Rule to Show Cause. Most parishes then set a brief hearing where you or your attorney present the record and confirm under oath that you have lived separate and apart for the required period. Some parishes skip the hearing when the record contains all required affidavits and proof of service. The judge signs the Judgment of Divorce.
Once signed, the marriage is dissolved. The clerk of court records the judgment, and you can request certified copies, which you will need to update identification, close joint accounts, and handle administrative follow-up.
Changing Your Name Back
If you took your spouse’s name at marriage and want your former name back, include that request in the divorce petition. The judge can authorize the name change as part of the divorce judgment, which saves you from filing a separate name change petition later. Make sure the request is in the paperwork before the judgment is signed.
What Changes After the Judgment
A few federal consequences land the moment the divorce is final, and they are easy to miss while you are focused on the Louisiana paperwork.
Tax Filing Status
Your filing status for the entire year depends on your marital status on December 31. If the divorce is final by the last day of the year, the IRS treats you as unmarried for the whole year, and you file as single or, if you qualify, as head of household.11Internal Revenue Service. Filing Taxes After Divorce or Separation If it is not final until January, you are considered married for the prior tax year and file jointly or married filing separately. The date your Rule to Show Cause or final hearing is scheduled can shift your tax bill, so build that into the plan.
Spousal Support and Taxes
For any divorce agreement executed after December 31, 2018, spousal support is not deductible by the payer and not taxable income to the recipient. That rule covers divorces finalized in 2026.
Health Insurance
If you are covered under your spouse’s employer-sponsored plan, the divorce itself is a qualifying event that ends your coverage. COBRA lets you continue the coverage for up to 36 months, but you pay the full premium plus a 2% administrative fee, and you must elect within 60 days of losing coverage. COBRA applies to employers with 20 or more employees. If your spouse’s employer is smaller, check whether Louisiana’s state continuation law offers an option. You can also enroll in a Marketplace plan through a special enrollment period triggered by the divorce.
Social Security
If the marriage lasted at least 10 years, you may be able to collect Social Security on your ex-spouse’s earnings record once you reach age 62, provided you are not currently married and your own benefit would be smaller.12Social Security Administration. Code of Federal Regulations 404.331 – Who Is Entitled to Wife’s or Husband’s Benefits as a Divorced Spouse Collecting on your ex-spouse’s record does not reduce their benefit. If the marriage is close to the 10-year mark, think carefully about timing. Falling even one day short closes the door permanently.
If You Have a Covenant Marriage
Louisiana is one of only three states that recognizes covenant marriages, and the standard Article 102 and 103 procedures above do not apply to them. Covenant marriages require specific grounds for divorce, which may include a longer separation period, marital counseling, or proof of fault such as adultery, abuse, or a felony conviction. Both Article 102 and Article 103 expressly exclude covenant marriages.1Justia Law. Louisiana Civil Code Article 102 – Judgment of Divorce; Living Separate and Apart If you entered a covenant marriage, talk to an attorney or review Louisiana Revised Statutes 9:307 before filing anything.