Uncontested Divorce in Louisiana: Who It Fits, the Steps, and Article 103 vs. 102

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

The Short Answer on Uncontested Divorce in Louisiana

An uncontested divorce in Louisiana is one where your spouse isn't fighting it. If you have lived apart long enough and your spouse signs a waiver, it can be done in as little as about 2 weeks, handled from your phone. You need 180 days apart with no children under 18, or 365 days with children under 18, under Civil Code Article 103.1.

TLDR:

• At least one of you has to be domiciled in Louisiana when the case is filed
• You need 180 days apart with no children under 18 together, 365 days with children under 18
• An Article 103(1) divorce is filed after the time apart; an Article 102 divorce is filed first and the time runs after
• Your spouse can sign a waiver instead of being served by the sheriff, which is the fastest way
• The divorce ends the marriage. Property and custody are handled in their own agreements
• Covenant marriages and divorces based on fault follow different rules: call first

Who an Uncontested Divorce Fits

An uncontested divorce is a good fit when these are true:

• You or your spouse lives in Louisiana. Only one of you has to, under La. C.C.P. art. 10.
• You have lived apart long enough, or you have moved out and plan to stay apart.
• You are not asking the court to find your spouse at fault.
• Your spouse isn't going to fight the divorce itself. You don't have to agree on everything else first.

Call Kaitlin at (225) 229-4529 before you start if you have a covenant marriage, or if you want a divorce based on fault, like adultery. Those cases follow different rules. Mayeux Law doesn't handle divorces in East or West Feliciana Parish.

If the wife is pregnant, you can still file. The intake asks, and the petition says so.

Not agreeing on custody doesn't stop the divorce. Custody is decided in its own judgment, not in the divorce.

How Long Do You Have to Live Apart?

180 days in a row if you have no children under 18 together. 365 days in a row if you do, under La. C.C. art. 103.1. Living apart generally means separate homes, not separate bedrooms in the same house. The time is counted to the day the petition is filed in an Article 103(1) divorce, or the day the rule to show cause is filed in an Article 102 divorce.

Getting back together resets the clock. Under La. C.C. art. 104, reconciling ends the right to a divorce on that separation. Our divorce timeline guide covers the waiting periods in more detail.

Two Ways to File: Article 103(1) and Article 102

Louisiana gives you two ways to get an uncontested divorce. They need the same time apart. The difference is when Kaitlin files.

Kaitlin offers the file-now way (Article 102) in East Baton Rouge, Ascension, Assumption, Iberville, Livingston, Pointe Coupee, St. Helena, St. James, Tangipahoa and West Baton Rouge parishes.

Filing now can matter if you own property together. Under La. C.C. art. 159, the divorce ends your community property as of the day the petition was filed, so what each of you earns and buys after that date generally stays yours. If you don't own much together, waiting and filing once under Article 103(1) is often simpler and costs less. Your answers in the intake decide which one fits, and Kaitlin goes over it with you.

How It Works, Step by Step

1. Answer a few questions. About 5 minutes, online.
2. Kaitlin reviews your answers. She reads everything you sent and calls or emails you within 1 business day.
3. You sign by video. A short video meeting: a few questions to confirm who you are, a photo of your ID, then you sign on screen.
4. Kaitlin files with the court. She files your petition electronically. You don't go to the courthouse.
5. Your spouse gets the documents. Your spouse can sign a waiver the same way, by video. If they won't, the sheriff delivers the documents instead.
6. The wait the law requires. Louisiana sets a waiting period before the judge can sign. Kaitlin tracks it, so you don't have to.
7. The judge signs. You're done. Kaitlin files the final documents. When the judge signs your divorce, she emails you your copy.

In an Article 103(1) divorce, the judge can sign without a hearing, on your sworn affidavit and the court's checklist, under La. C.C.P. art. 1702(F). Once your spouse's waiver is filed, the law lets the judgment be signed two days later, not counting holidays; Kaitlin waits a few court days to be safe. An Article 102 divorce ends with a short court date on the rule to show cause. Most clients never go to court.

If Your Spouse Won't Sign the Waiver

The divorce still goes ahead. The sheriff delivers the documents to your spouse in Louisiana, or Kaitlin mails them by certified mail if your spouse lives in another state. Your spouse then has time to answer before the judge can sign, so it adds some weeks. Our guide on what the waiver means for your spouse explains what signing does and doesn't do, and the guide on a spouse who lives out of state or abroad covers mailed service.

What Should You Have Ready?

You can still start without them. Anything you don't know can be left blank.

• Your spouse's address, or last known address
• The date and parish (or county) where you married
• The date you stopped living together
• Your children's names and birthdates

What Does It Cost?

One flat fee, the same with or without children, with court costs included. A few situations add to it, like mailing documents to a spouse outside Louisiana, a spouse no one can find, or a case filed in Ascension Parish. You get your exact total after you send your intake.

Common Questions

These are the questions people ask most before starting an uncontested divorce in Louisiana. The answers below are general guidance; your own case depends on your facts.

Do I have to go to court?

Most clients never do. In the rare case you need to, Kaitlin tells you well ahead of time and walks you through it.

Does my spouse need a lawyer?

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.

What if my spouse won't sign?

The divorce can still go ahead. The sheriff delivers the documents instead, which adds some time.

How long does an uncontested divorce take in Louisiana?

If you've lived apart long enough and your spouse signs a waiver, as little as about 2 weeks. If you still need to wait out the time apart, longer.

How long do we have to live apart?

180 days in a row if you have no children under 18 together. 365 days in a row if you do, under La. C.C. art. 103.1. Living apart generally means separate homes, not separate bedrooms.

Can I get my maiden name back?

Yes. Say so in the intake and Kaitlin includes it in your divorce.

What about our house and other property?

Tell Kaitlin about it in the intake. The divorce ends the marriage but doesn't divide what you own together. Kaitlin can prepare a separate agreement for that.

We have children under 18. Does that change anything?

You need 365 days apart instead of 180. Custody isn't decided in the divorce itself, but Kaitlin can prepare a custody agreement to file in the same case.

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.