3.8.4 Long-Arm Statute

If you know the address of an out-of-state divorce defendant, you must try to serve the defendant by certified mail under the Long-Arm Statute1 or by a method approved by the law of the non-resident’s state. 

A certified copy of the citation and petition in an Article 103 divorce or the notice, petition, and rule to show cause in an Article 102 divorce are sent by certified mail or commercial courier to the out-of-state defendant. Delivery of process by an authorized commercial courier may be a surer method of serving the defendant. A defendant’s failure to pick up certified mail delivered to the defendant’s current address does not defeat service. Service on an out-of-state defendant will eliminate the need to have an attorney appointed to represent the defendant per La. C.C.P. art. 5091, et seq.2

A private process server may also be used to effect long-arm service if appointed by the Louisiana court. However, use of a private process server for an out-of-state service may be impractical for two reasons: (1) the court can only appoint Louisiana residents, and (2) the process server’s oral testimony may be required if there is a challenge to the service. 

Except for matters filed under La. R.S. 46:2131, et seq., no contradictory motions and no default judgments, rules to show cause, or other summary proceedings may be had until 30 days after the affidavit of service is filed with the court as required by our Long-Arm Statute.3 The Affidavit of Service must be executed by the person who either (1) mailed the process to the defendant, including the return receipt signed by the defendant, or (2) executed by the person who actually delivered the pleadings/documents to the defendant reflecting the date, place, and manner of delivery. Remember that the 30-day delay for taking a default judgment does not begin to run until counsel files the Affidavit of Service into the record. 

The Affidavit of Long-Arm Service should strictly comply with La. R.S. 13:3205(1)–(3). The person who actually mailed the citation and petition must execute the Affidavit. If your administrative assistant mailed the process, the assistant must execute the Affidavit. Make sure that the Affidavit expressly states that a certified copy was mailed or delivered and contains all the information required by the particular subsection of La. R.S. 13:3205 under which service was effected. An Affidavit that merely states that the citation and petition were mailed is insufficient because it does not say that a certified copy was mailed.

• 1See La. R.S. 13:3201–3207.
• 2For additional discussion, see Section 3.9.2.
• 3La. R.S. 13:3205.