Uncontested vs. Contested Divorce in Louisiana: Simplified Procedures and Mandatory Steps
In Louisiana an uncontested and a contested divorce share the 180 or 365 days of separation time. A written waiver of service can start the clock, interim spousal support ends 180 days after the judgment, and the community is partitioned afterwards.
What is the same in an uncontested and a contested Louisiana divorce?
The time under Article 103.1: 180 days where there are no minor children and 365 days where there are (La. Civil Code art. 103.1). The Louisiana divorce timeline calculator gives the same earliest rule date for both.
| Item | Agreed (uncontested) | Disputed (contested) |
|---|---|---|
| Route | Article 102 or 103, with a written waiver of service if the other spouse agrees | Article 102 or 103; the other spouse can contest |
| Time | 180 or 365 days from service, or from a written waiver, and of living apart | The same time; fault grounds need no waiting |
| Motion | Rule to show cause filed after the delays | Rule to show cause; hearing |
| Interim support | Possible by agreement | On motion, ending 180 days after the divorce unless extended |
| Property | Partition by agreement or later | Judicial partition under R.S. 9:2801 |
How does a written waiver help in Louisiana?
Under Article 102 the time runs from service of the petition or from the execution of a written waiver of service, so a spouse who signs a waiver starts the clock without formal service (art. 102). The spouses must still have lived apart for the requisite time before the rule to show cause is filed.
What can be ordered while the case is pending in Louisiana?
On motion of a party, the court may award interim spousal support based on the needs of that party, the ability of the other to pay, any interim or final child support and the standard of living during the marriage; the award ends 180 days after the divorce judgment unless it is extended for good cause (art. 113). Final periodic support cannot begin until the interim award ends.
Can the divorce be granted before property is divided in Louisiana?
Yes. The community regime ends by the judgment of divorce (art. 2356), and former community property is then governed by co-ownership rules, with each spouse owning an undivided one-half interest until partition (art. 2369.2). A spouse has the right to demand partition at any time (art. 2369.8).
How is community property partitioned if the spouses disagree in Louisiana?
Under R.S. 9:2801 each party files a sworn detailed descriptive list of community property and liabilities within 45 days of service of a motion, the court values the assets at the time of trial on the merits, and it divides the community so each spouse receives property of equal net value (R.S. 9:2801). See the Louisiana property division calculator.
Does the Article 102 time run from the petition or from service in Louisiana?
From service of the petition or from the execution of a written waiver of service, not from the filing of the petition itself (art. 102), which is why the calculator asks for the service date.
What changes in a contested Louisiana divorce?
The court decides what the spouses cannot settle: partition under R.S. 9:2801, support under articles 112 and 113 and custody on the child’s best interest. See the Louisiana parenting time calculator and the Louisiana alimony calculator.
Frequently asked questions
Does an uncontested divorce skip the Louisiana waiting time?
No. The 180 or 365 days apply unless a fault-type ground applies.
Can the Louisiana time be counted from a waiver instead of service?
Yes, from the execution of a written waiver of service.
Can a Louisiana court order support while the divorce is pending?
Yes. It may award interim spousal support on motion.
How long does Louisiana interim spousal support last?
It ends 180 days after the divorce judgment unless extended for good cause.
Can a Louisiana divorce be granted before property is divided?
Yes. The community ends by the divorce judgment and is then partitioned.
Official sources
- Louisiana Civil Code art. 102: judgment of divorce; living apart prior to rule
- Louisiana Civil Code art. 103.1: judgment of divorce; time periods
- Law Library of Louisiana: divorce, what you need to know
- Louisiana Civil Code art. 2356: causes of termination of the community
- La. R.S. 9:2801: partition of community property
- La. R.S. 9:335: joint custody decree and implementation order
- Louisiana Civil Code art. 2369.2: ownership interest
A local family law attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited Louisiana statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Louisiana attorney.