Article 102 vs. Article 103 Divorce in Louisiana: Which Should You File?
Choosing between an Article 102 and Article 103 divorce dictates when you can file. Under Article 102, you can file before separating and wait 180 or 365 days. Under Article 103, you must have already lived apart for the required time or prove fault like adultery.
What is the Difference Between Article 102 and Article 103?
When you decide to end your marriage in Louisiana, you will immediately face a procedural choice: should you file under La. Civ. Code art. 102 or La. Civ. Code art. 103? Unlike many states where you simply file a generic 'no-fault' petition, Louisiana law requires you to choose a specific legal pathway based on whether you are currently separated, how long you have been separated, or if your spouse has committed a serious fault. Whether you are filing at the 24th Judicial District Court, Gretna or the 1st Judicial District Court, Shreveport, understanding the strategic differences between these two articles is vital to keeping your divorce on track and minimizing legal costs.
Step-by-Step Process in Louisiana
The timeline and steps of your divorce change drastically depending on the legal article you select.
Filing While Still Co-habitating (Art 102)
An Article 102 divorce is designed for couples who have decided to divorce but have not yet completed the state-mandated separation period. You can file your initial petition-a Petition for Divorce Under Civil Code Article 102 pursuant to La. Code Civ. Proc. art. 3951-while you are still living under the same roof. The day your spouse is formally served with this petition starts the legal 'clock.' You must then move into separate residences and live completely separate and apart. If you have no minor children, you wait 180 days. If you share minor children, you must wait 365 days. Once the clock expires, your lawyer files a final rule to show cause to get the judgment signed.
Living Apart First or Immediate Fault (Art 103)
An Article 103 divorce is used in two specific scenarios. First, if you and your spouse have already been living completely separate and apart for the required 180 or 365 days, you can file an Article 103 no-fault divorce. Because the waiting period is already finished, the judge can grant the divorce almost immediately after the required legal response times pass. Second, Article 103 is used for fault-based divorces. If your spouse committed adultery or was convicted of a felony involving hard labor, there is no waiting period. You can file an Article 103 petition and demand an immediate divorce.
Switching from 102 to 103
Sometimes, circumstances change. You might file an Article 102 petition to start the waiting period, but during that time, you discover your spouse is committing adultery. Under Louisiana procedural rules, you are allowed to amend your petition to convert it into an Article 103 fault-based divorce. As seen in cases like Allen v. Allen, 648 So. 2d 359 (LA Supreme Court 1994), switching to a fault-based claim can significantly impact spousal support (alimony), as a spouse found at fault is generally barred from receiving permanent alimony.
How Much Does it Cost in Louisiana?
Court filing fees for an initial divorce petition in Louisiana generally range from $250 to $400, depending on the specific parish. If you file under Article 102, you will likely incur additional court fees later, as you have to file secondary paperwork (a Rule to Show Cause) after the waiting period ends, which can add $50 to $100 to the total court costs. An Article 103 divorce, because it is often finalized in a single push, may be slightly cheaper in court fees. Attorney fees for an uncontested divorce average $1,500 to $2,500, while a contested fault-based Article 103 divorce can easily exceed $5,000. You can find local attorneys in our US Attorneys directory to help you choose the right path.
How Long Does the Process Take?
If you file an Article 102, the process takes the mandatory waiting period (180 or 365 days) plus about 30 to 60 days of administrative court processing time. If you file a no-fault Article 103 because you already waited the required time, your divorce can often be finalized in just 30 to 45 days. An Article 103 fault-based divorce (like adultery) depends heavily on the court's trial calendar but typically takes 3 to 6 months to finalize after gathering evidence.
Frequently Asked Questions (FAQ)
Can we live in separate bedrooms and count it as separated?
No. Louisiana courts are very strict about the 'separate and apart' requirement. Living in separate bedrooms under the same roof does not count. You must live in separate residences.
What happens if we sleep together during the waiting period?
If you reconcile and resume marital relations, the separation clock completely resets. If you file an Article 102 and then reconcile, you must start the 180 or 365 days all over again if you decide to separate again later.
Do I have to prove fault if I just want out?
No. Louisiana offers no-fault options under both Article 102 and Article 103. Proving fault is optional and usually only pursued if it affects alimony or if you want to bypass the long waiting period.
Can I get child support while waiting in an Article 102 divorce?
Yes. The primary benefit of an Article 102 divorce is that filing the petition opens the door to request interim spousal support, child support, and temporary custody orders while the separation clock is ticking.
Which article is better for me?
If you have already lived apart for the required time, Article 103 is faster. If you need court orders for support right now and are just separating, Article 102 is generally the correct path.
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