The requirements for an Article 102 divorce are:1
- A Petition for Divorce. Petitions for divorce under Article 102 must contain allegations of jurisdiction and venue and that the plaintiff wants a divorce. Your petition should also state that the parties did not contract a covenant marriage; that they have not reconciled since their physical separation; that the defendant is not a member of the military services of the United States or its allies; and the names and ages of any children, whether minor and major. The petition must be verified by the plaintiff’s affidavit. An attorney’s affidavit will not suffice.
- Physical separation (without reconciliation) for either 180 or 365 days after service of the divorce petition.
- Physical separation (without reconciliation) for either 180 or 365 days before the final Rule to Show Cause is filed.
- A Rule to Show Cause, with required affidavits, filed within 2 years of the service of the original divorce petition or execution of the waiver of service.
In addition to a certified copy of the divorce petition, a notice of the divorce petition must be served on the defendant. This notice is prepared and signed by the clerk of court.
La. C.C.P. art. 3957 provides that a defendant may expressly waive service of the Article 102 divorce petition and accompanying notice by written waiver executed after the filing of the petition and made a part of the record. If there is such a waiver, the required periods for separation (180 or 365 days) and for abandonment (two years) will run from the date of execution of the waiver.
- 1On the procedural rules unique to Article 102 divorces, see La. C.C.P. arts. 3951–3958.