How Long Does a Divorce Take in Louisiana? Article 102 vs. Article 103

A no-fault divorce in Louisiana takes at least 180 days if you have no minor children with your spouse, and at least 365 days if you do La. C.C. art. 103.1. When that clock starts depends on how you file: under Article 102, you file first and then wait; under Article 103, you file after the waiting is already done. This article covers Louisiana law only. Mississippi divorce follows different rules.

The two waiting periods

Louisiana sets one waiting period for both no-fault routes, and the length depends on children. The period is 180 days where there are no minor children of the marriage La. C.C. art. 103.1(1). It is 365 days when there are minor children of the marriage at the time the key paper is filed — the rule to show cause under Article 102, or the petition under Article 103 La. C.C. art. 103.1(2).

“Separate and apart” means exactly that, and it must be continuous. If the spouses reconcile, the cause of action for divorce is extinguished La. C.C. art. 104. Moving back in can mean starting over.

Article 102: file now, wait later

Article 102 is the route for spouses who have not yet lived apart for the full period, including spouses still under the same roof when they file. The living-apart period itself must be spent apart. It runs in steps.

1. File and serve the petition

The petition must state the grounds for jurisdiction and venue and be verified by the petitioner’s affidavit La. C.C.P. art. 3951. Service on the other spouse must be requested within ninety days of filing, or the case can be dismissed if the other spouse objects La. C.C.P. art. 3955(A), (C). Under a 2026 amendment, the clerk’s service fees must also be paid within the time the article allows, or the request is not timely La. C.C.P. art. 3955(D)–(E).

2. Let two clocks run

This is the step that trips people up. The waiting period under Article 102 runs from service of the petition, or from the date the other spouse signs a written waiver of service — not from the date you file La. C.C. art. 102; La. C.C.P. art. 3957(B). Separately, the spouses must have lived separate and apart continuously for the same period before the next step is filed La. C.C. art. 102. Both clocks must run out. Whichever finishes later controls.

3. File the rule to show cause

Once both periods have passed, the filing spouse files a rule to show cause. It must allege proper service, that the period has elapsed since service, and that the spouses have lived apart for the period, and it must be verified by affidavit La. C.C.P. art. 3952. The facts may be proved by the record and by an affidavit, signed after the rule is filed, that the spouses have lived apart for the period, still live apart, and that the mover wants a divorce La. C.C.P. art. 3956.

Timing errors here are serious. A divorce judgment is an absolute nullity if the rule to show cause was filed before the full period had passed since service (or the written waiver), or since the date the spouses began living apart La. C.C.P. art. 3953. And if the rule to show cause is not filed within two years of service or of the written waiver, the action is abandoned La. C.C.P. art. 3954(A).

Article 103: when the waiting is already done, or fault is the ground

Article 103 lets a spouse file a petition that asks for the divorce itself, without a later rule to show cause. A court grants the divorce on proof of one of five grounds La. C.C. art. 103:

• The spouses have already lived separate and apart continuously for the required period, or longer, on the date the petition is filed La. C.C. art. 103(1).
• The other spouse has committed adultery La. C.C. art. 103(2).
• The other spouse has committed a felony and has been sentenced to death or imprisonment at hard labor La. C.C. art. 103(3).
• During the marriage, the other spouse physically or sexually abused the spouse seeking divorce or a child of one of the spouses, whether or not the other spouse was prosecuted La. C.C. art. 103(4).
• After a contradictory hearing or by consent decree, a protective order or injunction was issued during the marriage against the other spouse to protect the spouse seeking divorce or a child of one of the spouses from abuse La. C.C. art. 103(5).

Article 103(1) is often the fastest route for couples who separated long ago. The waiting period is already behind them on the day they file. The fault grounds in Article 103(2) through (5) carry no living-apart period in the article’s text, but each must be proved, and a contested fault case takes time to try. A fault ground can also matter later: a spouse awarded a divorce on one of those grounds is presumed entitled to final spousal support La. C.C. art. 112(C).

Covenant marriage is different

Articles 102 and 103 both open with the same words: “Except in the case of a covenant marriage.” If you entered a covenant marriage, a separate statute controls. A covenant spouse may obtain a divorce only after the spouses obtain counseling, and only on listed grounds La. R.S. 9:307(A). The counseling requirement does not apply when the other spouse has physically or sexually abused the spouse seeking divorce or a child of one of the spouses La. R.S. 9:307(D).

The covenant grounds include adultery, a felony with a sentence of death or hard labor, abandonment of the matrimonial domicile for one year with a constant refusal to return, and physical or sexual abuse. The no-fault periods are much longer: two years of living separate and apart continuously without reconciliation; or one year after a judgment of separation from bed and board is signed, extended to one year and six months if there are minor children, unless the separation was based on child abuse La. R.S. 9:307(A).

Where you can file, and the “residency” myth

You may see a flat “residency requirement” for Louisiana described online, with different lengths on different sites. The Code of Civil Procedure frames the rule around domicile at the time of filing, not a minimum residency period. A Louisiana court has jurisdiction over a divorce if, at the time of filing, one or both spouses are domiciled in Louisiana La. C.C.P. art. 10(A)(7).

Six months does matter, but only as evidence. A spouse who has established and maintained a residence in a Louisiana parish for six months is presumed to be domiciled in that parish, and the presumption can be rebutted La. C.C.P. art. 10(B). Venue is strict as well. The suit must be filed in a parish where either spouse is domiciled or in the parish of the last matrimonial domicile; venue cannot be waived, and a judgment from the wrong parish is an absolute nullity La. C.C.P. art. 3941.

What gets decided alongside the divorce

The divorce itself is often the simplest part of the case. In a divorce proceeding or afterward, either spouse may ask the court to decide custody, visitation, child support, spousal support, injunctive relief, use and occupancy of the family home, and use of community or personal property La. C.C. art. 105. Dividing the community property is its own process; the firm’s guide to community property in a Louisiana divorce explains it. For custody and support, the custody schedule visualizer and the child support estimator can help you think through the numbers before you meet with a lawyer.

The practical takeaway

Three questions set your timeline. Do you have minor children with your spouse? Have you already lived apart continuously for 180 or 365 days? Is there a fault ground you can prove? The answers decide whether you use Article 102 or Article 103, and whether the clock starts at service or has already run. Get the dates right before you file: under Article 102, a judgment on a rule to show cause filed too early is an absolute nullity.

To talk about your situation, call (985) 612-7220, start a confidential family-law intake, or read more about the firm’s family law practice.