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Basic Divorce Information and Online Forms for Louisiana

Here you will find basic information and automated forms for divorce in Louisiana. These forms do not cover every situation. Make sure you have the right form for your situation before you use the computer program for your forms.

Computer Program for Louisiana Divorce Forms (No Minor Children)

Warning! This resource or the computer program cannot replace the advice of a lawyer licensed in your state who knows your situation.  Try to get a lawyer to help you if you can.

Here is a link to the computer program to fill in the information for your forms. Be sure you have the right form for your situation before you start. Be sure you have your information together before you start. If you do not understand how to fill out the forms or what options to pick, stop and try to find a lawyer to help you with your case.

ARTICLE 103 DIVORCE -- NO MINOR CHILDREN
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This online session gathers information for a forms packet to seek a divorce for those with no children. This resource is only for use in Louisiana state court. Be sure you have the correct online forms session for your situation before you begin. Caution! Read the forms package instructions carefully for information about completing your forms and other important details.
Read the instructions and background information below before you use the computer program to enter information for your forms.
 
 

SELF-REPRESENTED LITIGANT PETITION FOR DIVORCE UNDER

LOUISIANA CIVIL CODE ARTICLE 103 (with no minor children)

This form is intended for litigants who:

Have no minor children and wish to ask the court for a divorce

under Louisiana Civil Code Article 103.

There are no children born, adopted, or legitimated (together with your spouse) that are under 18 or disabled..

Lived separate and apart from your spouse for at least one hundred eighty (180) days with the intent to be divorced before filing for divorce.

Do not have other complicating factors outlined in the computer program that helps you create your forms.

Information you will Need:

1. The exact date and location (parish) where you were married.

2. The location (parish) where you and your spouse last lived together.

3. The exact date when you and your spouse began living in separate homes.

4. The exact name and current address of your spouse.

These instructions are meant to guide you through the process of asking

the court for a divorce. There are multiple types of divorce in Louisiana

and these forms address Article 103 only.

This packet of forms is not legal advice and cannot take the place of the

advice that a lawyer can give you. It is always best to speak with a lawyer

before taking any legal action. When you represent yourself in court,

you must follow all the proper procedures and the law. It is your

responsibility to see your case through the whole process.

1. Be sure you have the correct form.

2. Read all instructions before you begin.

3. Fill in the blanks with 100% accurate information- any false statement

made in court or written in a court document may constitute perjury.

4. Check all options that pertain to your situation.

5. Once completed, bring all forms to the Clerk of Court for the Judicial District Court for the Parish where you are filing your divorce action.

INSTRUCTIONS FOR FILING PETITION FOR 103 DIVORCE WITH NO CHILDREN

These instructions are meant to guide you through the process of asking the court for a

divorce under Article 103 of the Louisiana Civil Code.

This packet of forms is not legal advice and cannot take the place of the advice that a

lawyer can give you. It is always best to speak with a lawyer before taking any legal

action. When you represent yourself in court, you must follow all the proper

procedures and the law. It is your responsibility to see your case through the

whole process.

YOU MUST MEET ALL OF THE FOLLOWING CONDITIONS TO USE THESE

FORMS.

• You must have no children (together with your spouse) that are under

18 or disabled.

• You must live separate and apart from your spouse for at least one

hundred eighty (180) days before filing for divorce.

• You or your spouse must have lived in Louisiana for at least six months

and/or lived in Louisiana together when you decided to divorce.

• You must not have entered into a covenant marriage.

• Your spouse is not an active members of the United States armed forces.

You will be filing your divorce In Proper Person, which means without any attorney

representing you. As the person suing for divorce you will be called the Petitioner and

your spouse will be called the Defendant. All the forms you need to file for a divorce

are attached.

HOW TO COMPLETE THE FORMS

PLEASE PRINT ALL INFORMATION CLEARLY! Make sure all of the blanks are filled

in on all pages.

A. The first form is titled “PETITION FOR DIVORCE”. The Petition for Divorce

includes an area titled “VERIFICATION”. You must sign this Verification in front

of a Notary Public.

B. Bring your original Petition for Divorce and Verification, along with an

additional photocopy, to the Clerk of Court in the parish where you live. Go to the

Civil Department and tell the clerk you do not have a lawyer, and that you want

to file for divorce. Ask the clerk to stamp the date on the copy of the petition you

brought to keep for yourself.

C. In order to proceed, your spouse needs to be given a copy of the petition. You

can deliver it yourself if your spouse signs the Acceptance of Service OR you

can have the Sheriff deliver (or “serve”) your spouse. If your spouse cannot or

will not sign the Acceptance of Service document, you will need to ask the Sheriff

to serve him/her.

If you are going to have the Sheriff serve your spouse, let the Clerk’s Office know

that you need your spouse to be personally served by a Sheriff’s Deputy. You

need to give the Clerk an address (home or work) where the Sheriff can find your

spouse to deliver the divorce papers. If the address is hard to find, give the Clerk

directions. You will need to check back with the Clerk’s Office to see if your

spouse has been served. You may have to pay for this service and the amount

varies by location.

D. If your spouse signed the Acceptance of Service, you should bring the signed

form along with a MOTION FOR PRELIMINARY DEFAULT to the Clerk’s Office.

If your spouse has been served by the Sheriff, he/she is allowed fifteen (15) days

from the date he/she was served to answer the suit. After 15 days, you will need

to check with the Clerk’s office to make sure your spouse has not filed an answer

or other pleading. If your spouse has filed a motion in opposition to the

divorce, these forms can no longer be used and you will need to come to

Court.

If your spouse has NOT filed anything in response to the petition you filed, OR if

your spouse has signed the Acceptance of Service, take the form titled

MOTION FOR PRELIMINARY DEFAULT to the Clerk’s office. Be sure to bring

two (2) copies of the Motion for Preliminary Default along with the original. Ask

the Clerk to give you a copy stamped with the date for you to keep, and to file

the original. Ask to have the other copy of the Motion for Preliminary Default,

which is marked with the date that the Judge signed it, sent to you.

E. You will receive a copy of the Preliminary Default in the mail. It should show the

date the Preliminary Default was signed by the Judge. Now complete the form

titled AFFIDAVIT OF FACTS. You must sign this form in the presence of a

Notary Public. Bring the Affidavit of Facts and the JUDGMENT OF DIVORCE to

the Clerk’s office. Ask the Clerk to have a Judge sign them. Once the Judge has

signed your JUDGMENT OF DIVORCE, the Clerk’s office will send you a certified

copy of it. You are divorced as of the date of the Judge’s signature at the bottom

of the Judgment of Divorce. Keep this certified copy for your records.