Why Divorce.com?
Benefits of an online divorce
Divorce.com provides divorcing couples with prompt and affordable assistance in preparing for an uncontested divorce. It eliminates the need to hire an expensive divorce lawyer or waste time searching for the correct legal forms.
The platform already has possession of all court forms required for Louisiana divorces and helps to select and fill out only those that fit each individual case. By using Divorce.com, you can be sure that your papers will apply to your specific circumstances and local court rules.
Divorce.com is accessible from any device 24/7 and only needs a stable internet connection.
Answer the questions from the online interview at any time. Your progress will be saved, so you can pause and come back later.
Correct and change your answers, without limitations, before submitting the final version.
Download the completed papers, ready in a PDF format in just two business days, and print them. You’ll also receive comprehensive filing instructions.
Divorce.com brings you closer to your new beginning!
Louisiana
Divorce Forms
All the forms required
The first step to starting a Louisiana divorce is to file the divorce papers with the clerk of the court's office. The list of documents may change, depending on the circumstances, such as the presence of minor children.
Here are the basic forms:
Petition for Divorce Under Civil Code Article 102 (with children), or
Petition for Divorce Under Civil Code Article 103 (without children)
Petitioner's Affidavit Article 102
Petitioner's Affidavit Article 103
Marital Settlement Agreement
Default Confirmation Form 1
Acceptance of Service and Waiver of Consent
Child Support Worksheet Form C-1 or C-2
Income-Expense Affidavit Form A
Case Management Schedule Form D-2
Pretrial Order Form I
Motion for Preliminary Default
Affidavit of Facts
Judgment of Divorce
The petitioner might need to collect and file additional papers, such as restricting orders if it is necessary in their case. Some forms may be found using state judiciary resources, such as libraries and court websites at the self-help sections.
Steps to consider
Filing Requirements
Residency Requirements
Louisiana judges cannot issue a divorce decree and have jurisdiction over the dissolution case if the couple doesn't meet the residency requirements.
To initiate a divorce in Louisiana, one of the spouses must be a state resident at the time of filing and have lived there for at least one year.
The spouses must file their case only in the parish where either of them lives or where they last lived as a married couple.
Grounds for Divorce
There are two types of marriages in Louisiana (covenant and non-covenant), and each can be dissolved on slightly different grounds.
A no-fault divorce for a traditional non-covenant marriage is possible, if the couple has been separated for 180 days (no kids) or one year (with kids). Fault-based reasons for divorce are adultery and felony conviction.
Grounds for a covenant marriage dissolution include adultery, felony, separation, physical or sexual abuse, and abandonment for 12 months.
Initial Filing
The Louisiana Supreme Court and 43 district courts in each parish handle divorce cases. A person initiating a divorce (a petitioner) must file a Petition for Divorce, Summons, and some other papers with the court clerk.
The divorce petition should be printed and signed before a notary public since the court clerk cannot notarize it. Additional fees may apply.
The filing spouse must also make two photocopies of the original papers.
Filing Fees
An average filing fee to start a divorce in Louisiana is $250. It's an initial payment that a petitioner covers when filing divorce forms with the court clerk.
A petitioner can also ask for a fee waiver:
they receive public benefits (SSI, food stamps, etc.)
their income is less than 125% of the federal poverty level
To ask the court for a waiver, a petitioner must file:
In Forma Pauperis Affidavit
Supporting paperwork, such as pay stubs, a public assistance award letter, etc.
Serving the Respondent
After filing the paperwork, the petitioner must inform the respondent about the start of divorce proceedings. If spouses agree to have an amicable divorce, the respondent can sign the Acceptance of Service form.
Otherwise, the petitioner has to serve the copies of legal papers. As a rule, they must hire a sheriff who will deliver the documents personally to the other party.
A service fee will be approximately $50. If the respondent lives in another state, the price will be higher.
Waiting Period
After the respondent receives the copies of the papers, they have 21 days to file response papers. If they haven't or decided to sign the Acceptance of Service and Waiver of Citation form as the acknowledgment of service, the petitioner can schedule a divorce hearing.
They need to call the clerk's office or visit the courthouse in person to set the hearing date. It should be done no sooner than 21 days from the moment of service or 2 days after filing the waiver of service.
Finalizing a Divorce Case
After the court date is scheduled, the petitioner must prepare and fill out the case information in the judgment of divorce form. There is also a section at the bottom of this document with the addresses of both spouses. They will be used for mailing out certified copies of the final judgment.
If everything is in order, the judge will sign this document and give it to the clerk's office for processing.
Filing basics
Filing for Divorce
Louisiana
How to get started
The first step to starting a Louisiana divorce is to file the divorce papers with the clerk of the court's office. The list of documents may change, depending on the circumstances, such as the presence of minor children.
Here are the basic forms:
Petition for Divorce Under Civil Code Article 102 (with children), or
Petition for Divorce Under Civil Code Article 103 (without children)
Petitioner's Affidavit Article 102
Petitioner's Affidavit Article 103
Marital Settlement Agreement
Default Confirmation Form 1
Acceptance of Service and Waiver of Consent
Child Support Worksheet Form C-1 or C-2
Income-Expense Affidavit Form A
Case Management Schedule Form D-2
Pretrial Order Form I
Motion for Preliminary Default
Affidavit of Facts
Judgment of Divorce
The petitioner might need to collect and file additional papers, such as restricting orders if it is necessary in their case. Some forms may be found using state judiciary resources, such as libraries and court websites at the self-help sections.
Custody Basics
If the spouses have minor children, their divorce process will include child custody decisions. Louisiana family law provides several types of the arrangements:
Joint legal custody (both parents have an equal say in children’s health, education, religion, etc.);
Sole legal custody (only one parent has decision-making authority);
Joint physical custody (a child lives with each parent in turns for equal time);
Sole physical custody (a child lives permanently with one parent).
In the case of sole physical custody, the non-custodial parent will be awarded visitation rights, if it’s in the child’s best interests. A custodial parent cannot interfere with these visits set by court orders, unless there’s a good reason.
If the parents agree on child custody, they must include a parenting plan and submit it for court approval. If they disagree, they can use a third party’s help instead of going to trial. For example, they can hire a divorce mediator.
Both parties must also attend an educational seminar to inform the parents about how to help children through divorce. They can also ask for advice from a family therapist or look for additional educational resources.
If the spouses can’t agree on custody, the family court will decide for them.
Uncontested Divorce
Louisiana spouses who can resolve their disputes without an attorney can choose to go with an uncontested divorce. Essentially, both parties agree on the terms regarding alimony, child custody, child support, and property division.
The procedure to start an uncontested divorce includes filing a petition for divorce and a settlement agreement with each spouse’s rights and responsibilities in a post-divorce period.
This agreement must meet the following requirements:
child custody should be determined according to the child’s best interests
all property, such as real estate, money, and debts, should be divided equally (50/50)
child support payments should be calculated based on the Louisiana Child Support Schedule
An uncontested divorce is usually a cheap and fast way to end a marriage. To further decrease the divorce expenses, the spouses can prepare for it with Divorce.com. Here, all Louisiana divorce papers are available at a low cost and can be personalized for each specific case.
Support Basics
Louisiana courts will determine the amount of child support, using the established schedule from the state guidelines. They have tables with the gross income of both parties and the number of kids. For this reason, each party must submit financial documentation containing information about their current and past income.
If one of the parents is voluntarily unemployed (e.g., doesn’t have a disability), their income will be calculated according to their earning potential. One of the parents might also be ordered to include a child in their insurance plan. The premiums will be added to the basic support payment.
Some extra expenses may include:
tuition fees for elementary or secondary education
transportation expenses;
medical expenses that are out of the basic plan
extracurricular activities, such as traveling, etc.
Child support payment will automatically end when a child reaches 19 (unless still in high school) or becomes emancipated.
