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.
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
YOU MUST MEET ALL OF THE FOLLOWING CONDITIONS TO USE THESE
• 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
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
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.