Louisiana Divorce When Your Spouse Lives Out of State or Abroad

By Kaitlin Mayeux Mahaffey, family law attorney · Published November 11, 2026

The Short Answer on Divorcing a Spouse Who Lives Elsewhere

You can get a Louisiana divorce when your spouse lives in another state or country, as long as one of you is domiciled in Louisiana. Kaitlin asks your spouse to sign a waiver first; if they won't, the documents go by certified mail. The same works the other way around: if you have moved away and your spouse still lives in Louisiana, you can file here.

TLDR:

• Only one spouse has to be domiciled in Louisiana when the case is filed
• Kaitlin always asks for a waiver first, signed by video
• Without a waiver, a spouse in another state is served by certified mail under the long-arm statute, which adds about a month
• A spouse in another country can sign at a US embassy or consulate, or with a local notary and an apostille
• Some countries don't allow service by mail, so the waiver matters most for a spouse abroad

Can You File in Louisiana?

Yes, if you or your spouse is domiciled in Louisiana when the case is filed, under La. C.C.P. art. 10(A)(7). Domicile is your real, settled home. Six months living in a Louisiana parish creates a presumption that you're domiciled there.

Louisiana can still be home if you're only away for work or military service. If neither of you lives in Louisiana now, you can't file here, and Kaitlin can't take the case.

The case is filed in a parish where one of you lives, or where you last lived together as a married couple.

Step One: The Waiver

Kaitlin always asks your spouse for a waiver first. After she files the petition, your spouse signs a short sworn statement that they received a copy and don't need to be formally served. They sign by video, in front of a notary, from wherever they live. Our guide on what the waiver means for your spouse explains what it says and what it doesn't do.

With a signed waiver, a spouse in another state makes no difference to how fast the divorce goes.

If Your Spouse Lives in Another State and Won't Sign

Louisiana's long-arm statute lets Kaitlin serve your spouse by certified mail, return receipt requested, under La. R.S. 13:3204. When the signed receipt comes back, Kaitlin files a sworn affidavit with it saying how the documents were mailed and received.

The law then makes everyone wait: no default judgment until 30 days after that affidavit is filed, under La. R.S. 13:3205. So mailed service usually adds about a month, plus the time the mail takes.

If Your Spouse Lives in Another Country

A spouse abroad can sign the waiver in front of a US consular officer at an embassy or consulate, or in front of a local notary with an apostille. Kaitlin prepares the waiver so it works either way.

The waiver matters most here. Many countries in the Hague Service Convention don't allow service by mail, so without a waiver your spouse may have to be served through that country's official channels, which can take months. In the intake, tick "outside the US" for your spouse's address and enter the country.

If your spouse is overseas with the military, tell Kaitlin in the intake. Federal law adds protections for servicemembers before a judge can sign.

If You Don't Know Where Your Spouse Lives

You can still get a divorce. The court appoints an attorney to represent your spouse, under La. C.C.P. art. 5091, and that attorney has to try to find them. It takes longer and costs more, and the judge holds a hearing. Tell Kaitlin everything you know, like a last address, a phone number or family members.

Later Court Dates in an Article 102 Divorce

An Article 102 divorce ends with a rule to show cause, which sets a court date. Your spouse gets notice of it the same way: a waiver, the sheriff, or certified mail. If your spouse has given an email address in writing for the case, it can go by email instead, under La. C.C.P. art. 1313(C).

Children and Money Across State Lines

A Louisiana court can end the marriage as long as one of you is domiciled here. Custody is a separate question: it's usually decided in the state where the children have lived for the last 6 months. Orders about money from a spouse who has never lived in Louisiana can raise their own questions. Tell Kaitlin in the intake and she'll go over it with you.

What Does It Cost?

One flat fee, the same with or without children, with court costs included. Mailing documents to a spouse outside Louisiana adds to it. You get your exact total after you send your intake.

Common Questions

These are the questions people ask most when their spouse lives outside Louisiana. The answers below are general guidance; your own case depends on your facts.

Can I file for divorce in Louisiana if my spouse lives in another state?

Yes, as long as you're domiciled in Louisiana when the case is filed. Only one of you has to be, under La. C.C.P. art. 10.

I moved out of Louisiana. Can I still file there?

Yes, if your spouse is still domiciled in Louisiana. The case is filed in a parish where one of you lives, or where you last lived together.

How is a spouse in another state served?

Kaitlin asks for a waiver first. If your spouse won't sign, she mails the documents by certified mail under Louisiana's long-arm statute, La. R.S. 13:3204.

How much longer does it take if my spouse won't sign?

Usually about a month more. No default judgment can be signed until 30 days after the affidavit of mailed service is filed, under La. R.S. 13:3205.

My spouse lives in another country. Can they sign?

Yes. Your spouse can sign in front of a US consular officer, or a local notary with an apostille. The waiver Kaitlin prepares works either way.

What if I don't know where my spouse lives?

You can still get a divorce. The court appoints an attorney to represent your spouse, which takes longer and costs more.

This article is general information about Louisiana law, not legal advice. Every case is different, and only an attorney who knows your facts can advise you on your situation. Please reach out before making decisions about filing.