Louisiana no-fault divorce requires that the spouses voluntarily live separately and apart for a required amount of time before they can be granted a divorce. There are two divorce processes available depending on whether the parties are just separating, or have been separated at least the requisite amount of time. These two processes are often referred to by the statute number that applies. Parties who are just separating must use the divorce process according to Louisiana Civil Code Article 102. Those who have already lived apart the requisite amount of time may use the process according to Louisiana Civil Code Article 103.
Posted here are sample forms and some information about the Louisiana 102 divorce process. Elsewhere on this website, you can find sample forms and information for the Louisiana 103 divorce process.
The Louisiana 102 Divorce Procedure is designed for parties who have just separated. It is a two-step process. The first step involves filing a petition for divorce, which opens the suit and starts the process. The second step involves filing a “rule to show cause why divorce should not be granted.” Either party can file the rule. It does not have to be the same one who filed the petition for divorce.
Under either process, divorcing parties who have minor children (under the age of 18 years) must allow one year (365 days) to pass before they can obtain their Judgment of Divorce. Divorcing parties who have no minor children must allow six months (180 days).
You will find links on this page for sample forms and information about the Louisiana 102 Divorce process.