3.8.2 Waiver of Citation & Service

Citation is not required for Article 102 divorces and summary proceedings.1 A defendant may expressly waive citation and service by written waiver.2 Citation and service of the petition are required for Article 103 divorces.3 For a 103(1) divorce, the waiver must be by affidavit signed and filed after the petition is filed.4 The defendant must receive a certified copy of the petition.5 Check local court rules for any requirements for waivers of citation and service. If the matter is truly uncontested, you may be able to get around other time-consuming and costly methods of service, e.g., service of inmates and non-residents, and simply, obtain a written waiver from the adverse party. Some, if not most, prisons have in-house notaries who will notarize legal documents for its inmates. Call the prison and ask if they have a person on staff who notarizes legal documents. There is minimal cost, if any, to the prisoner, and it can expedite matters. 

• 1La. C.C.P. arts. 1201, 3955.
• 2La. C.C.P. arts. 3955(C), 3957.
• 3La. C.C.P. art. 1201.
• 4An affidavit is required because it is an out-of-court statement by the defendant waiving service. It must be filed after the petition is filed because the waiver cannot be executed until the defendant has received a certified copy of the petition. This ensures that the defendant is fully informed prior to executing the waiver.
• 5La. C.C.P. art 1202.