Louisiana's rule on how to file for divorce turns on a feature the national template does not capture: At least one party must be domiciled in Louisiana at filing; venue typically follows domicile of either spouse. Grounds: No-fault separation-based divorce (Art. 102) and fault grounds (Art. 103: adultery, felony conviction, abuse, and others) are available. Property: community property. Louisiana is a community-property state. Community assets and debts acquired during marriage are generally divided under community-property principles (often equally); separate property is confirmed to the owning spouse when properly traced. The controlling authority is La. Civ. Code arts. 102, 103; La. Code Civ. Proc. arts. 3951 et seq.. Waiting period: Art. 102 no-fault divorce after living separate and apart generally requires 180 days (no minor children) or 365 days (with minor children) of separation before the rule to show cause; Art. 103 fault/immediate grounds have different timing. File in District court in the parish of proper venue.
Key takeaways
- Residency: At least one party must be domiciled in Louisiana at filing; venue typically follows domicile of either spouse.
- Grounds: No-fault separation-based divorce (Art.
- Property: community property — Louisiana is a community-property state.
- Waiting period: Art. 102 no-fault divorce after living separate and apart generally requires 180 days (no minor children) or 365 days (with minor children) of separation before the rule to show cause; Art. 103 fault/immediate grounds have different timing.
- Filing forum: District court in the parish of proper venue.
- Primary authority: La. Civ. Code arts. 102, 103; La. Code Civ. Proc. arts. 3951 et seq..
Worked example under Louisiana law
The illustration below uses only rules already stated for Louisiana. It is a research hypothetical, not a prediction of what a court will do.
A spouse wants to file for divorce in Louisiana and is unsure about residency, grounds, and property.
- Confirm residency: At least one party must be domiciled in Louisiana at filing; venue typically follows domicile of either spouse.
- Plead grounds Louisiana recognizes: No-fault separation-based divorce (Art. 102) and fault grounds (Art. 103: adultery, felony conviction, abuse, and others) are available.
- Expect property division under community property: Louisiana is a community-property state. Community assets and debts acquired during marriage are generally divided under community-property principles (often equally); separate property is confirmed to the owning spouse when properly traced.
- Plan the timeline: Art. 102 no-fault divorce after living separate and apart generally requires 180 days (no minor children) or 365 days (with minor children) of separation before the rule to show cause; Art. 103 fault/immediate grounds have different timing. Louisiana divorce uses Civil Code articles 102/103 with community-property partition under the Louisiana community-property regime. Temporary orders can address support and custody. Partition of community property may be separate from the divorce judgment. Counsel is especially important for community tracing.
Louisiana Law Help and parish self-help desks assist with simple Art. 102 filings; community partitions usually need counsel.
Residency and where to file
At least one party must be domiciled in Louisiana at filing; venue typically follows domicile of either spouse. File in the District court in the parish of proper venue. Wrong venue or missing residency can delay service, temporary orders, and the final decree — confirm the county clerk’s checklist before you pay the filing fee.
Grounds for divorce in Louisiana
No-fault separation-based divorce (Art. 102) and fault grounds (Art. 103: adultery, felony conviction, abuse, and others) are available.
Even in no-fault states, fault allegations can still affect temporary support, attorney’s fees, or credibility disputes. Read the live statute text on LawDiver and pair it with the LawDiver search rail scoped to Louisiana.
Property division: community property
Louisiana is a community-property state. Community assets and debts acquired during marriage are generally divided under community-property principles (often equally); separate property is confirmed to the owning spouse when properly traced.
Retirement accounts, closely held businesses, and marital homes often need valuations and Qualified Domestic Relations Orders (QDROs). Do not assume an informal split of bank accounts finishes the case.
Waiting periods and timelines
Art. 102 no-fault divorce after living separate and apart generally requires 180 days (no minor children) or 365 days (with minor children) of separation before the rule to show cause; Art. 103 fault/immediate grounds have different timing.
The typical Louisiana divorce process
Louisiana divorce uses Civil Code articles 102/103 with community-property partition under the Louisiana community-property regime. Temporary orders can address support and custody. Partition of community property may be separate from the divorce judgment. Counsel is especially important for community tracing.
Self-help and when to hire counsel
Louisiana Law Help and parish self-help desks assist with simple Art. 102 filings; community partitions usually need counsel.
Related Louisiana guides
- Child custody and parenting time in Louisiana
- Security deposit return in Louisiana
- DUI penalties in Louisiana
Case law: divorce in Louisiana
Athen S. TANNER v. Vera Howe TANNER
Athen S. TANNER v. Vera Howe TANNER, 229 La. 399 (1956)
…e defendant $200 attorney's fees for services rendered in a divorce suit. The plaintiff brought suit against the defendant for divorce under the provisions *81 of LSA-R.S. 9:301 on the ground that he and his wife had lived separate and apart for more than two years. The defendant reconvened and asked for judgment on the same ground and for custody of the children, alimony, and…
Louisiana opinions such as Athen S. TANNER v. Vera Howe TANNER are cited where divorce is disputed. The court stated: "The plaintiff brought suit against the defendant for divorce under the provisions *81 of LSA-R.S. 9:301 on the ground that he and his wife had lived separate and apart for more than two years." That is the language to brief; the rest of the decision supplies the procedural posture.
West v. Ortego
West v. Ortego, 325 So. 2d 242 (1975)
…y reason of fault on her part, sufficient for separation or divorce shall be his separate property." The negative implication of the foregoing provision is that a husband's action for damages, resulting from offenses and quasi-offenses suffered by the husband while still living with his wife or while living apart from her for reasons other than her fault, is community property.…
On divorce, West v. Ortego speaks to the Louisiana dispute in this passage: "The negative implication of the foregoing provision is that a husband's action for damages, resulting from offenses and quasi-offenses suffered by the husband while still living with his wife or while living apart from her for reasons other than her fault, is community property." The surrounding opinion shows how the court applied that language to the record.
Constance Emley CHAMBERS v. Acy Lee CHAMBERS (Two Cases) — Tate, J., dissenting
Constance Emley CHAMBERS v. Acy Lee CHAMBERS (Two Cases) — Tate, J., dissenting, 259 La. 246 (1971)
…ring a marriage as a result of a 1966 accident. In 1967, he divorced his wife .hsl ¡an-adulteress, he receiving custody of -¿¡he', ¡children of the marriage. After the divorce, ' his claim for personal injuries was settled in 1967. Of this amount, almost all of $211,000 was obviously for loss of future earnings, future medical expenses,: and future pain and suffering — losses w…
Constance Emley CHAMBERS v. Acy Lee CHAMBERS (Two Cases) — Tate, J., dissenting is worth reading on Louisiana divorce because the court put the point in its own words: "In 1967, he divorced his wife .hsl ¡an-adulteress, he receiving custody of -¿¡he', ¡children of the marriage. After the divorce, ' his claim for personal injuries was settled in 1967." Use that passage as the starting point, then read the facts that precede it.
Little v. Little
Little v. Little, 513 So. 2d 464 (1987)
…ted in 1963 in Bossier Parish, where they were subsequently divorced in 1964. In 1984 the wife, a resident of Texas, sued the husband, a resident of England, in Bossier Parish to partition the defendant's military retirement pay. Judgment was rendered in favor of the plaintiff wife decreeing her entitlement to a specified portion of the retirement pay beginning June 25, 1981. T…
Little v. Little is worth reading on Louisiana divorce because the court put the point in its own words: "Bossier Parish, where they were subsequently divorced in 1964. In 1984 the wife, a resident of Texas, sued the husband, a resident of England, in Bossier Parish to partition the defendant's military retirement pay." Use that passage as the starting point, then read the facts that precede it.
Johnson v. Johnson
Johnson v. Johnson, 605 So. 2d 1157 (1992)
…of separation was signed on January 30, 1975. A judgment of divorce was entered May 5, 1976. Although, the community was not formally partitioned, the parties stipulated, at the trial of these proceedings, that the community was settled subsequent to the separation and divorce. However, no settlement occurred with respect to Mr. Johnson's military retirement benefits. Mr. Johns…
On divorce, Johnson v. Johnson speaks to the Louisiana dispute in this passage: "January 30, 1975. A judgment of divorce was entered May 5, 1976. Although, the community was not formally partitioned, the parties stipulated, at the trial of these proceedings, that the community was settled subsequent to the separation and divorce." The surrounding opinion shows how the court applied that language to the record.
Aucoin v. Williams
Aucoin v. Williams, 295 So. 2d 868 (1974)
…n oral contract, whereby he agreed to defend the wife, in a divorce action filed by her husband, for a contingent fee of one-third of the community property received by the wife. The district judge recognized the contingent fee contract and granted judgment in favor of plaintiff and against the defendant wife for the sum of $29,166.66 plus legal interest. The defendant appealed…
Louisiana opinions such as Aucoin v. Williams are cited where divorce is disputed. The court stated: "The district judge recognized the contingent fee contract and granted judgment in favor of plaintiff and against the defendant wife for the sum of $29,166.66 plus legal interest." That is the language to brief; the rest of the decision supplies the procedural posture.
Mead v. Mead
Mead v. Mead, 442 So. 2d 870 (1983)
…a separate action as plaintiff, subsequently filed suit for divorce. These actions were consolidated for trial. After hearing both actions, the trial court granted the wife a separation on grounds of abandonment and the husband a divorce upon a showing that the parties had lived separate and apart in excess of one year. Plaintiff, Mary Ann Mead, appeals the portion of the trial…
Louisiana opinions such as Mead v. Mead are cited where divorce is disputed. The court stated: "These actions were consolidated for trial. After hearing both actions, the trial court granted the wife a separation on grounds of abandonment and the husband a divorce upon a showing that the parties had lived separate and apart in excess of one year." That is the language to brief; the rest of the decision supplies the procedural posture.
Frequently asked questions
How long do I have to live in Louisiana before filing for divorce?
At least one party must be domiciled in Louisiana at filing; venue typically follows domicile of either spouse.
Is Louisiana a community-property state?
Louisiana follows community property. Louisiana is a community-property state. Community assets and debts acquired during marriage are generally divided under community-property principles (often equally); separate property is confirmed to the owning spouse when properly traced.
Do I need a lawyer to get divorced in Louisiana?
Louisiana Law Help and parish self-help desks assist with simple Art. 102 filings; community partitions usually need counsel.
What happens to child custody in a Louisiana divorce?
Custody and parenting time are decided under Louisiana’s best-interests framework. See child custody and parenting time in Louisiana.
This guide covers Louisiana law as of 2026. Statutes and local rules change — verify the live text on LawDiver before filing.