A Louisiana court has jurisdiction to grant a divorce if one party is domiciled in Louisiana.1 Unlike in some states, there is no minimum residency requirement. Domicile is physical presence plus present intent to remain.2 There is a rebuttable presumption of domicile after 6 months of residency.3  If your client has been in Louisiana for less than 6 months, ensure that other proof of domicile exists such as a driver’s license, voter registration card, rental agreement, proof of home purchase, utility bills, etc. 

A servicemember who has been stationed at a military installation in Louisiana for 6 months and has resided in the parish where the divorce action is filed for at least 90 days prior to the filing of the action is considered a domiciliary of Louisiana and of the parish of the servicemember’s residence.4 As a general rule, a spouse of a servicemember should sue for divorce and military pension division in the servicemember’s state of domicile to avoid federal jurisdictional battles under 10 U.S.C. § 1408 and additional litigation expenses. The author suggests that you review the specific statutes and regulations applicable to those serving in our military.5

• 1La. C.C.P. art. 10(A)(7). A Louisiana court with jurisdiction to render a divorce may still lack jurisdiction to decide custody, child support, spousal support, or property division. Subject matter jurisdiction over custody must exist under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). For a more complete discussion of this act, see Section 4.10. Child support or money and property judgments (in rem) require that the defendant have “minimum contacts” with the State of Louisiana or consent to jurisdiction in addition to jurisdiction pursuant to the Uniform Interstate Support Enforcement Act (UIFSA). La. Ch.C. art. 1301.1, et seq.; for further discussion of this act, see Section 6.22.
• 2La. C.C. arts. 38–39, 45; Martin v. Robinson, 2020-0687 (La. App. 1 Cir. 8/6/20), 311 So. 3d 378, 381 (“A person’s domicile is his principal establishment wherein he makes his habitual residence and essentially consists of two elements, namely residence and intent to remain in place.”); see also Scaglione v. Juneau, 2010-CA-1109 (La. App. 4 Cir. 8/4/10), 45 So. 3d 191 (analyzing change in domicile).
• 3La. C.C.P. art. 10(B).
• 4La. C.C.P. art. 11.
• 5For additional information on the unique requirements when dealing with servicemember litigants, see Servicemembers Civil Relief Act, 50 U.S.C § 3901, et seq.; Robert C. Lowe, Louisiana Divorce, 1 La. Prac. Divorce § 1:16; Mark Sullivan, The Military Divorce Handbook 426–27 (2006).

Venue for divorce is jurisdictional and may not be waived.1 A divorce obtained in a court of improper venue is an absolute nullity.2 An absolutely null divorce can render a second marriage invalid and affect community property and inheritance rights. An action for nullity based on a lack of jurisdictional venue may be brought at any time unless the defendant has acquiesced in the judgment.3

During intake, be sure to ask how long your client has lived in their current parish of residence. It is wise to double check your client’s domicile—especially in those parishes that overlap or zig- zag. An example in Acadiana is the town of Delcambre, which is in both Vermilion and Iberia parishes. One’s parish of residence there depends on one’s specific address. 

Venue should be pleaded in the petition. Venue is proper in the parish where plaintiff is domiciled, the parish where defendant is domiciled, or the parish of last matrimonial domicile.4 A verification of the venue allegations in an affidavit from the client affidavit will help protect you against malpractice for filing a divorce in a court of improper venue.

• 1La. C.C.P. arts. 44, 3941.
• 2La. C.C.P. arts. 44, 3941(B); In re Succession of Jones, 2008-1088 (La. App. 3 Cir. 3/4/09), 6 So. 3d 331.
• 3La. C.C.P. art. 2002. A spouse acquiesces in the null divorce judgment if he remarries. Glover v. Glover, 09-1529 (La. App. 3 Cir. 5/5/10), 38 So. 3d 541.
• 4La. C.C.P. art. 3941(A).

If several courts have venue, consider which court may be better for resolving your client’s various claims. Some courts are more expensive or have more onerous local rules or procedures. Another factor may be the judges’ propensities. For instance, judges on some courts may be inclined to exclude the category of “other extraordinary expenses” when computing child support or may favor awarding 50-50 custody in every case.

The humorous saying, “A good lawyer knows the law, a great lawyer knows the judge!” is true. A lawyer should know, in advance, the general philosophy a judge may possess regarding issues presented by the case. Judges are no different than anyone else. They often bring to the bench the lessons that life has taught them which gives them their point of view of the facts of a case. You should know the approach your judge takes to issues such as fault, child support, custody, final periodic spousal support, etc. This important information will assist you in better preparing your case for trial.