The Waiver in a Louisiana Divorce: What It Means for Your Spouse
By Kaitlin Mayeux Mahaffey, family law attorney · Published
The Short Answer on the Waiver
In a Louisiana divorce, the waiver is a short sworn statement your spouse signs after the petition is filed. It takes the place of being served by the sheriff. It doesn't settle property, spousal support or custody. It's the fastest way through an uncontested divorce, and your spouse can sign it by video.
TLDR:
- The waiver says your spouse got a copy of the filed petition and doesn't need to be formally served
- It's signed after Kaitlin files, in front of a notary, usually by video
- It doesn't divide property or decide spousal support, child support or custody
- Kaitlin represents you, not your spouse. Your spouse can talk to their own lawyer first
- Your spouse doesn't have to sign. Without it, the sheriff or certified mail delivers the documents and it takes longer
What the Waiver Says, in Plain Words
The waiver is one or two pages. In an Article 103(1) divorce, your spouse swears that they:
- received a certified copy of the petition Kaitlin filed;
- don't need formal citation or service by the sheriff;
- give up the legal delays and the notices that would otherwise come before the judgment; and
- don't object to a divorce under Civil Code article 103(1).
That is what La. C.C.P. art. 1702(F)(2) asks for before a judge can sign an Article 103(1) divorce on a waiver. In an Article 102 divorce, the waiver is similar: your spouse gives up formal service, the legal delays, notice of trial and appearance at trial, and the notices Louisiana law would otherwise send.
What the Waiver Doesn't Do
Signing the waiver is about the divorce itself. It doesn't decide anything else:
- Property. The divorce ends the community property between you as of the day the petition was filed, under La. C.C. art. 159, whether your spouse signs a waiver or is served. Dividing what you own together is a separate step, and either of you can ask for it after the divorce. Our community property guide explains how that works.
- Spousal support. The waiver doesn't give up a claim for support. A claim for spousal support after the divorce has a time limit, generally three years, under La. C.C. art. 117.
- Children. Custody and child support aren't decided in the divorce. They go in their own judgment.
- A lawyer for your spouse. Kaitlin represents you. Signing the waiver doesn't make her your spouse's lawyer, and your spouse can talk to their own lawyer before signing.
If your spouse wants to fight the divorce itself, the waiver isn't for them, and they should talk to their own lawyer.
When and How Your Spouse Signs
The waiver can only be signed after the petition is filed, because it says your spouse received a copy of the filed petition. Kaitlin files, then sends your spouse the petition and the waiver.
Your spouse signs the way you do: a short video meeting, a few questions to confirm who they are, a photo of their ID, then they sign on screen in front of a notary. Your spouse doesn't go to the courthouse.
A spouse who lives outside the United States can sign in front of a US consular officer at an embassy or consulate, or in front of a local notary with an apostille. The waiver Kaitlin prepares works either way. Our guide on a spouse who lives out of state or abroad has more.
What Happens After Your Spouse Signs
Article 103(1) divorce: Kaitlin files the waiver with your affidavit, the proposed judgment and the court's checklist. The law lets the judge sign two days after the waiver is filed, not counting holidays; Kaitlin waits a few court days to be safe. After the judge signs, the clerk mails a copy of the judgment to both of you.
Article 102 divorce: the waiver starts the clock. The 180 or 365 days apart run from the day your spouse signs it, under La. C.C. art. 102. After that, Kaitlin files a rule to show cause to finish the divorce, and your spouse may be asked to sign a second short waiver for it.
If Your Spouse Won't Sign
Your spouse doesn't have to sign, and the divorce still goes ahead. The sheriff delivers the documents if your spouse lives in Louisiana. If your spouse lives in another state, Kaitlin mails them by certified mail under La. R.S. 13:3204. Either way, your spouse then has time to answer before the judge can sign, so it takes longer.
If your spouse is on active duty in the military, tell Kaitlin in the intake. Federal law adds protections for servicemembers before a judge can sign.
Common Questions
These are the questions spouses ask most when they are asked to sign a waiver in a Louisiana divorce. The answers below are general guidance; your own case depends on your facts.
Does signing the waiver mean my spouse agrees to everything?
No. The waiver is about the divorce itself. It doesn't divide property or decide spousal support, child support or custody.
Does my spouse have to sign the waiver?
No. If your spouse signs a waiver, the divorce goes faster. If they won't, the sheriff delivers the documents instead and the divorce still goes ahead, which adds some time.
Does my spouse need a lawyer to sign the waiver?
Kaitlin represents you. Your spouse doesn't have to hire a lawyer to sign a waiver, but they can talk to one if they want.
When does my spouse sign the waiver?
After Kaitlin files the petition. The waiver says your spouse received a copy of the filed petition, so it can't be signed before.
Does my spouse have to go to court?
No. Your spouse signs the waiver by video, in front of a notary, and doesn't go to the courthouse.
What if my spouse lives in another country?
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.
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.