Louisiana No-fault Divorce, 103 Divorce

The no-fault divorce, sometimes referred to as a "103 Divorce" is the simplest kind, where the parties have already been separate for the required period of time. It requires no action on the part of the party who is served or who voluntarily signs a waiver of service.

The most common procedure for filing a no fault divorce in Louisiana is as follows:

A. Respect Filing Requirements and Waiting Periods

1. SEPARATE for six months (or 365 days if they are minor children).
2. FILE a verified Petition for Divorce in the domicile of either party or last matrimonial domicile
3. SERVE the other spouse with certified copy (or obtain a written waiver of service).
4. WAIT - the other spouse has 15 days to respond (30 if the spouse lives out of state), and if there is no response or Answer filed, then
5. SET a "Confirmation of Default" date two or more days after entry of "Preliminary Default", this is done by request through the Clerk of Court.

B. Appear in Open Court / Confirm Default

1. APPEAR in open court on date of the hearing/confirmation with TWO witnesses who can testify that you've lived apart without reconciliation for the required time (180 or 365 days).
2. SUBMIT proposed Judgment for Judge's signature.


Alternative Endings

IF waiver is obtained, a default judgment may be entered on the date the affidavit is filed, proceed to A5.
IF an Answer is filed, then FILE a Motion to Set for Trial on the Petition, serve the other spouse, and proceed to B1.

Sample forms for a 103 Divorce can be purchased at LouisianaDivorceCourt.com