Louisiana Divorce Checklist — Step-by-Step (2026)

Phase 1 — Pre-Filing Assessment

• Confirm: Standard marriage (not covenant) — check marriage license
• Confirm domicile: 6+ months in Louisiana
• Identify filing parish: District Court in parish where either spouse is domiciled
• Choose Article:
  • Article 102: File now, wait 180/365 days
  • Article 103: Already separated 180/365 days? File immediately
• Note: If using Article 102, the community property regime ends on your filing date — inventory all community property before filing

Phase 2 — Community Property Inventory

Because community property terminates on the Article 102 filing date, inventory everything before filing:

• All real estate (address, value, mortgage balance, acquisition date)
• All bank and savings accounts (institution, balance, marital or separate)
• Investment accounts
• Retirement accounts (401k, IRA, pension — note pre-marital balances)
• Vehicles (value, loan balance)
• Business interests (value, income)
• All community debts
• All separate property (pre-marital, gifts, inheritances) — documentation

Phase 3 — Gather Financial Documentation

• Recent pay stubs (both spouses, last 2–3)
• Last 2–3 years of federal and Louisiana state income tax returns
• All bank account statements
• Investment account statements
• Retirement account statements
• Mortgage statements
• Vehicle loan statements
• All credit card and debt statements

Phase 4 — File the Petition (Article 102)

• Complete Petition for Divorce (Article 102) — check parish-specific forms at louisianalawhelp.org or parish District Court
• File at the Clerk of Court in the filing parish
• Pay filing fee ($200–$400)
• Receive case number

Phase 5 — Serve the Respondent Spouse

• Serve the Respondent with the Petition and Citation
• Note the service date — the 180/365-day waiting period starts on this date
• File proof of service with the court

Phase 6 — The Waiting Period (Article 102)

• Mark Day 181 (no children) or Day 366 (with children) on your calendar — earliest date to file for final judgment
• Negotiate and execute a Spousal Agreement (community property partition, spousal support, custody, child support) during this period
• Complete financial disclosures

Phase 7 — File the Rule to Show Cause / Motion for Final Judgment

• After the waiting period expires, file a Rule to Show Cause (or equivalent — varies by parish) requesting the final Judgment of Divorce
• Attach or reference the Spousal Agreement if one has been executed
• Attend hearing — judge enters Judgment of Divorce

Phase 8 — Post-Judgment: Community Property Partition

The Judgment of Divorce terminates the marriage but does not automatically divide community property. A separate partition is required:

• Partition Agreement: Agreed division of all community property and debts — file with court or record separately
• Real estate: Partition deed or act → record with parish Clerk of Court (Conveyance Records)
• Retirement: QDRO for employer plans; IRA transfer
• Vehicles: Louisiana OMV title transfer
• Beneficiary designations: Update immediately
• Name restoration: Social Security → Louisiana OMV → bank accounts

Last reviewed: March 2026 | Article 102 (file first, wait) or Article 103 (wait first, file) | Community property ends on filing date | louisianalawhelp.org | Parish District Court

Last reviewed: March 2026 · Verify current fees and forms with your local court before filing.