10 Louisiana Divorce Mistakes to Avoid (2026)

Louisiana's civil law system, community property regime, two-step divorce process, and covenant marriage framework create unique mistakes not found anywhere else in the U.S.

Mistake #1 — Not Checking Whether You Have a Covenant Marriage

Covenant marriage has completely different divorce rules — fault grounds or a 2-year separation are required. People who entered a covenant marriage and try to use the standard Article 102/103 process will have their case dismissed.

Fix: Check your marriage license. It will state whether you entered a covenant marriage. If it does, stop and consult a Louisiana attorney — the procedures are fundamentally different.

Mistake #2 — Confusing Article 102 and Article 103

These are two different paths with different sequences. Article 102 = file first, then wait. Article 103 = wait first, then file. Using the wrong Article — or trying to combine elements of both — leads to defective pleadings.

Fix: Determine which Article applies to your situation before filing. If you haven't separated yet, use Article 102. If you've already been separated for the required period, use Article 103.

Mistake #3 — Not Filing Article 102 Promptly When Income Is High

The community of acquets and gains terminates retroactively to the date the Article 102 petition is filed. Every month you delay after deciding to divorce, more income is being added to the community pot. If one spouse earns significantly more, the higher earner benefits from filing Article 102 immediately.

Fix: Once you decide to divorce, file the Article 102 Petition promptly. The filing date freezes the community as of that date.

Mistake #4 — Thinking the Divorce Judgment Divides the Property

The Judgment of Divorce terminates the marriage. It does NOT divide the community property. Many people get divorced and then discover they still co-own property with their ex-spouse because they never did a partition.

Fix: Execute a comprehensive Spousal Agreement addressing all community property during the waiting period. Proceed with the extrajudicial partition immediately after the Judgment of Divorce.

Mistake #5 — Recording at the Wrong Office in Louisiana

Louisiana uses "Conveyance Records" at the parish Clerk of Court — not "Register of Deeds," "Recorder of Deeds," or any other term used in common law states. Recording the Act of Partition at the wrong office means the transfer is not on the official public record.

Fix: Record all real estate partition documents in the Conveyance Records at the Clerk of Court of the parish where the property is located.

Mistake #6 — Failing to Address the Reimbursement Claim on a Pre-Marital Home

If one spouse owned the home before the marriage and community funds were used to pay the mortgage, the community has a reimbursement claim against that separate property. Ignoring this means the community's contribution is not compensated in the partition.

Fix: Document all community mortgage payments made on a pre-marital home. Include a reimbursement calculation and resolution in the Spousal Agreement.

Mistake #7 — Not Getting a QDRO for Louisiana State Retirement Systems

Louisiana has multiple state retirement systems (LASERS, TRSL, LSERS, MERS, etc.) that have specific, different partition procedures from private-sector 401ks. Standard QDRO language may not work for these systems.

Fix: Contact the specific Louisiana retirement system directly for partition instructions. LASERS, TRSL, and other state systems have their own division procedures.

Mistake #8 — Counting the 365-Day Period Incorrectly (With Children)

"Children of the marriage" = minor children born to or adopted by both parties. If you have step-children from a prior relationship but no children born/adopted by both parties together, the 180-day period applies. Counting 365 days when only 180 is required wastes nearly 6 months.

Fix: Determine whether you have "children of the marriage." If only step-children are involved (not joint children), the 180-day period applies.

Mistake #9 — Leaving Final Spousal Support Unaddressed

An agreement that neither awards nor waives final spousal support leaves the issue open. In Louisiana, final spousal support can be sought after the divorce if not addressed.

Fix: Either award final spousal support with specific terms or include a written waiver: "Each party waives any claim for final spousal support."

Mistake #10 — Representing Yourself in a Fault-Based or Contested Louisiana Divorce

Louisiana's civil law system, unique procedural rules, and the complexity of community property partition make contested Louisiana divorce significantly more complex than in common law states. Self-representation in a contested case — especially with fault grounds, large retirement accounts, or a business — is high-risk.

Fix: For contested cases, hire a Louisiana attorney. For straightforward agreed cases, consider at minimum a limited-scope consultation with a Louisiana attorney to review your Spousal Agreement.

Last reviewed: March 2026 | Check for covenant marriage first | Community ends on Article 102 filing date | Partition is separate from divorce | Conveyance Records at parish Clerk of Court | louisianalawhelp.org

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