Louisiana · Family Court

Family Court in Louisiana — Divorce, Custody & Child Support

Louisiana family court: Plaintiff or defendant must be domiciled in Louisiana to file for divorce, fee $300+. Custody, support, and property division gu...

Key Filing Facts

Court Name

Louisiana District Court (Family Law Section)

Filing Fee

$300–$400

Response Deadline

15 days after service

Hearing Timeline

Varies by grounds; separation period must be satisfied

Statute

LSA-CC Art. 102 et seq. (divorce); LSA-RS 9:271 (covenant marriage)

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✓ Verified as of 2026-03-30

Overview

Louisiana District Court (Family Law Section) handles family law matters. Cases here include divorce (Article 102 and 103), child custody, child support, spousal support, community property partition, covenant marriage dissolution, and protective orders. Family court proceedings are among the most consequential civil matters a person navigates — decisions made here affect children, property, and financial stability for years. Louisiana is a community property jurisdiction — most assets and debts accumulated during the marriage are divided equally between spouses. Louisiana offers covenant marriage, a legally distinct marriage form requiring counseling and specific fault grounds or longer separation to dissolve. Louisiana requires spouses to live physically separate and apart for a period of time before a no-fault divorce can be granted. Louisiana is a community property state. Divorce requires living separate and apart — 180 days for marriages without minor children, 365 days with minor children. Covenant marriage is available and requires counseling and specific fault grounds or longer separation to dissolve. ThreadLock helps you organize the documentation that family court decisions depend on: incident records, communication logs, financial records, and a chronological account of events — the kind of organized case file that moves proceedings forward and supports your position.

Filing & Fees

Either spouse may file for divorce or family law relief in Louisiana. Unmarried parents may also file custody and support cases without a divorce proceeding. Residency requirement: Plaintiff or defendant must be domiciled in Louisiana. Only one spouse needs to meet the residency requirement. Fee waivers are available for those who cannot afford the filing fee. As a community property jurisdiction, both spouses have equal ownership interests in property acquired during the marriage — this affects how financial documents and records should be gathered before filing. Self-represented litigants (pro se) are permitted in Louisiana family court. If children are involved, the court will also consider their best interests independently, regardless of what the parties agree to.

Filing Process

Important: before filing for no-fault divorce in Louisiana, the separation requirement must be met (180 days living separate and apart for standard divorce; 365 days if children; 30 days for covenant marriage fault divorce). You may file custody, support, and protective order cases separately while the separation period runs. To begin a family court case in Louisiana, file the petition or complaint for divorce, custody, or support with the Louisiana District Court (Family Law Section). The filing fee is $300–$400. After filing, serve the petition on the other party.

Waiting period: 180 days living separate and apart for standard divorce; 365 days if children; 30 days for covenant marriage fault divorce. The respondent has 15 days after service to file a response or answer. If the respondent does not respond, you may seek a default judgment. If they respond and contested issues remain, the court will schedule conferences and hearings.

Contested matters proceed through hearings, and complex cases may go to trial. Uncontested cases — where all issues are agreed in writing — resolve significantly faster. Typical timeline from filing to resolution: Varies by grounds; separation period must be satisfied.

All agreements on custody, support, and property division must be approved by the court — parties cannot simply agree privately and consider the matter closed. Orders and decrees are legally enforceable, and violations can result in contempt proceedings.

Evidence Standards

Critical

Family court decisions depend heavily on documentation. The Louisiana District Court (Family Law Section) considers evidence of parenting history, financial circumstances, living conditions, and the pattern of the relationship when making orders about divorce (Article 102 and 103), child custody, child support, spousal support, community property partition, covenant marriage dissolution, and protective orders.

The most important documents in family court cases include: the marriage certificate, financial statements (income, assets, debts), tax returns, property records, communications between parties (emails, texts), records of parenting time and exchanges, documentation of any incidents of domestic violence or substance abuse, and evidence of each parent's relationship with the children. In community property cases, financial records — bank statements, retirement account balances, property purchase dates, and debt origination dates — are critical to establishing what is community property versus separate property.

The most overlooked evidence in custody and parenting cases is the contemporaneous record — notes written at the time of an incident, not reconstructed afterward. Courts give more weight to records that were created in real time than to summaries written later. ThreadLock's incident journal lets you log events the day they happen, attach photos or documents, and build a timestamped record that holds up to scrutiny. The timeline builder organizes those entries chronologically, and the exhibit export tool packages everything into a labeled PDF ready for court or mediation.

Common Questions

How long must I live in Louisiana before I can file for divorce?

Plaintiff or defendant must be domiciled in Louisiana. Filing before meeting this requirement will result in the court dismissing your case for lack of jurisdiction. Only one spouse needs to meet the residency requirement.

Do I have to be separated before filing for divorce in Louisiana?

Yes. 180 days living separate and apart for standard divorce; 365 days if children; 30 days for covenant marriage fault divorce. You may file custody, child support, and protection order cases during the separation period — you do not have to wait for the full period before addressing those issues. Only the final divorce decree is held until the requirement is met.

How does Louisiana determine child custody?

Louisiana family courts use the best interests of the child standard. Factors include each parent's relationship with the child, the child's current living situation and stability, each parent's ability to meet the child's needs, and the child's own preferences (depending on age and maturity). Courts generally prefer arrangements that allow children to maintain relationships with both parents unless safety concerns require otherwise.

How is property divided in a Louisiana divorce?

Louisiana is a community property jurisdiction. Most property acquired during the marriage — including income, real estate, and retirement accounts accumulated during the marriage — is divided equally (50/50) between the spouses regardless of whose name it is in. Property owned before the marriage or received as a gift or inheritance may be treated as separate property.

What does it cost to file for divorce in Louisiana?

The court filing fee is $300–$400. This does not include attorney fees, mediation costs, or other court fees that may apply. Fee waivers are available for those who qualify based on financial hardship — ask the court clerk for the application.

Get organized before your hearing.

ThreadLock helps you document incidents, organize evidence, and prepare court-ready materials, so you walk in prepared.