An Article 102 divorce requires proof that 180 or 365 days have elapsed from the service of the petition (or written waiver) and that the spouses have lived separate and apart continuously for at least 180 or 365 days prior to the rule to show cause.1
The Code of Civil Procedure provides the evidence that will establish the facts necessary for the divorce judgment to be awarded:
(1) The petition for divorce.
(2) One of the following evidencing service of the petition:
- The sheriff’s return of service of the petition.
- The sheriff’s return of service of the petition showing personal service on the defendant if the parties were living together at the time of the filing of the petition.
- The return receipt when service is effectuated pursuant to R.S. 13:3204.
- Waiver of the service of petition.
(3) The rule to show cause and the affidavit required by Code of Civil Procedure Article 3952.
(4) The sheriff’s return of service of the rule, or by a waiver of that service.
(5) The affidavit of the mover, executed after the filing of the rule, that the parties have lived separate and apart continuously for at least the requisite period of time, in accordance with Civil Code Article 103.1, prior to the filing of the rule to show cause and are still living separate and apart and that the mover desires to be divorced.2
To ensure that you have all the necessary documents to prove your client’s entitlement to an Article 102 divorce, use a checklist. Your court may have one of its own in its Local Rules of Court; alternately, you may choose to use the checklist used by the Family Division of the Fifteenth Judicial District Court.3 Checklists like this are an easy and convenient way to ensure that you have all of your evidence at the ready when it’s time to go to court and get your judgment.
- 1La. C.C. art. 102.
- 2La. C.C.P. art. 3956.
- 3La. C.C. art. 102 Divorce Checklist.