Under La. C.C.P. art. 3952, the Rule to Show Cause for an Article 102 divorce must allege:
- The initial petition for divorce was properly served on the defendant.
- 180 or 365 days (in accordance with La. C.C. art. 103.1) have elapsed since the date of service.
- The spouses have lived separate and apart continuously for the requisite period of time as per La. C.C. art. 103.1.
Either party can move for the Rule. The Rule must be verified by an affidavit executed by the mover and proper service made all over again.1 A party in a 102 divorce action may expressly waive service of the Rule to Show Cause why a divorce should not be granted and the accompanying notice.2 The waiver must be a written waiver that has to be executed after the filing of the Rule to Show Cause and made part of the record.3
A 102 divorce judgment is absolutely null when less than the requisite period of time as per La. C.C. art. 103.1 has elapsed between service of the divorce petition or written waiver and filing of the Rule to Show Cause or when less than the requisite period of time as per La. C.C. art. 103.1 has elapsed between the date the parties commenced living separate and apart, if after the date of the filing of the petition, and the filing of the Rule to Show Cause.