Do Both Parties Have to Agree to Get a Divorce in Louisiana?
- Samantha Moisant
- 3 days ago
- 3 min read
No. You do not need your spouse’s permission or consent to get a divorce in Louisiana.
If you want to end your marriage, you can file for divorce and move the case forward even if your spouse refuses to sign paperwork, avoids service, or insists that they will not agree to the divorce. Once Louisiana’s legal requirements are met, a judge may grant the divorce without your spouse’s consent.
However, an uncooperative spouse can make the process more complicated. A divorce is not automatically granted simply because one spouse files. The required documents must be properly filed, your spouse must receive legally sufficient notice, the applicable separation period must be completed, and all necessary procedural steps must be followed before a judge can sign the final divorce judgment. In some cases, additional steps may be necessary when a spouse does not respond or cannot be located.
Can My Spouse Refuse to Give Me a Divorce?
Your spouse can refuse to cooperate, but that does not usually prevent the divorce from being granted.
For example, your spouse may refuse to:
Sign divorce papers
Accept service voluntarily
Respond to the petition
Attend a scheduled court hearing
Agree that the marriage should end
These actions may delay or complicate the process, but they do not necessarily stop it. Once the legal requirements are met, the court may grant the divorce without both spouses’ consent.
Does My Spouse Have to Sign the Divorce Papers?
No. Your spouse’s signature is not required for you to file a petition for divorce.
The divorce petition must generally be properly served on your spouse. Your spouse may sign a waiver of service, but your spouse cannot usually prevent the case from moving forward simply by refusing to sign one.
Proper service is important. A divorce judgment may be delayed if your spouse avoids service or if the correct service procedures are not followed.
What Are the Separation Requirements in Louisiana?
For most non-covenant marriages, Louisiana generally requires spouses to live separate and apart continuously for:
180 days when there are no minor children of the marriage
365 days when there are minor children of the marriage
Louisiana Civil Code Article 102 allows a spouse to file before the required separation period has been completed. Article 103 allows a spouse to file after the parties have already lived separate and apart for the required period. In either situation, mutual agreement is not required.
Can My Spouse Contest the Divorce?
A spouse may contest whether the legal requirements for the divorce have been met. For example, the spouse may dispute:
The date the parties separated
Whether they lived separate and apart continuously
Whether they reconciled
Whether service was completed correctly
Whether alleged fault-based grounds can be proven
A contested case may take longer, but disagreement alone is generally not enough to prevent a divorce.
What Happens If My Spouse Ignores the Divorce?
Ignoring the divorce petition does not make the case disappear. Depending on the circumstances, the filing spouse may be able to proceed without the other spouse’s participation.
The filing spouse must still follow all required procedures, provide proper notice, complete the applicable separation period, and present the necessary evidence to the court.
Speak With a Louisiana Divorce Attorney
You do not need your spouse’s permission to file for divorce in Louisiana. However, an uncooperative spouse can make service and other parts of the process more difficult.
Moisant Law Firm focuses on Louisiana family law and can help you understand the divorce process, complete the required filings, and address unnecessary delays.
Contact Moisant Law Firm at 504-317-1685 or CLICK HERE to schedule a consultation.
This article is for general informational purposes only and does not create an attorney-client relationship. Every divorce is different, and you should speak with an attorney about your specific circumstances.