How to File For Divorce in Jefferson Parish, LA
If you are considering divorce in Jefferson Parish, understanding the local filing process can help you know what to expect. Divorce cases in Jefferson Parish are handled through the 24th Judicial District Court, which serves residents of Metairie, Kenner, Gretna, and surrounding Jefferson Parish communities.
Louisiana divorce law establishes specific requirements regarding where a divorce can be filed, how long spouses must live separate and apart, and what steps must be completed before a divorce can be finalized. The exact process will depend on your circumstances, including whether you have minor children and whether issues such as custody, child support, or spousal support are involved.
Where Do You File for Divorce in Jefferson Parish?
Under Louisiana law, a divorce action may generally be filed in the parish where either spouse is domiciled or in the parish where the couple had their last matrimonial domicile.
Divorce cases filed in Jefferson Parish are handled by the 24th Judicial District Court. The Jefferson Parish Clerk of Court's Civil Department is located at:
Thomas F. Donelon Courthouse
200 Derbigny Street, Suite 2400
Gretna, Louisiana 70053
Documents may also be submitted electronically through the Clerk of Court's available electronic filing system.
Article 102 vs. Article 103 Divorce in Louisiana
For most non-covenant marriages, Louisiana provides two common paths for obtaining a no-fault divorce: an Article 102 divorce or an Article 103(1) divorce.
Article 102 Divorce
An Article 102 divorce allows a spouse to file a petition for divorce before the required period of separation has been completed.
After the petition has been served on the other spouse, or service has been formally waived, the parties must live separate and apart continuously for the required period before the spouse seeking the divorce can move forward with the rule to finalize it.
Importantly, the applicable period is measured from service or waiver of the divorce petition and the parties' continuous separation. Louisiana law requires the necessary period to have elapsed before the rule to show cause can be filed.
Article 103(1) Divorce
An Article 103(1) divorce is generally used when the spouses have already lived separate and apart continuously for the required amount of time before the divorce petition is filed.
If the necessary separation period has already been completed, one spouse can file for divorce under Article 103(1) rather than filing first and waiting for the Article 102 period to run.
How Long Do You Have to Be Separated Before Divorce in Louisiana?
For non-covenant marriages, Louisiana currently requires the following periods of continuous separation:
180 days when there are no minor children of the marriage.
365 days when there are minor children of the marriage at the applicable time.
These separation requirements are an important part of determining when a divorce can be finalized.
For an Article 102 divorce, the timing of service or waiver of service can also affect when the spouse seeking divorce becomes eligible to proceed with the final divorce.
Are There Grounds for Divorce That Do Not Require the 180- or 365-Day Separation Period?
Yes. Louisiana law recognizes several grounds for divorce other than living separate and apart for the required period.
Under Civil Code Article 103, grounds can include:
Adultery by the other spouse.
The other spouse committing a felony and being sentenced to death or imprisonment at hard labor.
Physical or sexual abuse of the spouse seeking divorce or a child of either spouse during the marriage.
Certain protective orders or injunctions issued during the marriage to protect the spouse seeking divorce or a child from abuse.
Whether one of these grounds applies depends heavily on the particular facts and available evidence.
What Information Is Included in a Divorce Petition?
The divorce process begins with the filing of a petition that provides the court with the information necessary to establish that the requirements for divorce have been met.
Depending on the case, the petition may address matters such as:
The spouses' marriage and domicile.
The date the spouses began living separate and apart.
Whether there are minor children of the marriage.
The legal grounds for divorce.
Requests involving child custody, child support, spousal support, use of the family home, or other incidental matters.
The appropriate pleadings and procedure can vary significantly depending on whether the divorce is uncontested or whether other family-law issues are disputed.
How Much Does It Cost to File for Divorce in Jefferson Parish?
Court costs depend on what is being filed and whether service, rules, restraining orders, or other court proceedings are required.
The Jefferson Parish Clerk of Court currently lists advance deposits of approximately:
$400 for a divorce with acceptance of service and no rules or restraining orders.
$500 for a divorce requiring one service and no rules or restraining orders.
$600 for a divorce filed with a rule.
$600 for a divorce involving a rule and a temporary restraining order or restraining order.
These amounts are advance deposits and are intended as estimates. Actual costs may vary depending on the pleadings filed, the number of parties requiring service, exhibits, additional motions, and other court services.
Does Your Spouse Have to Be Served With Divorce Papers?
Generally, the other spouse must receive lawful service of the divorce petition unless that spouse executes a valid waiver or acceptance of service.
Service is often accomplished through the sheriff's office, but the appropriate method can depend on where the other spouse lives and the circumstances of the case.
Service is more than a technical requirement. In an Article 102 divorce, the date of service or formal waiver can directly affect when the divorce becomes eligible to be finalized.
What Happens if Custody, Child Support, or Spousal Support Is Contested?
A divorce case can involve much more than simply terminating the marriage.
Spouses may also need to resolve issues involving:
Child custody and visitation.
Child support.
Interim or final spousal support.
Exclusive use of the family home.
Contempt or enforcement of existing court orders.
Other temporary or incidental family-law issues.
Domestic matters in the 24th Judicial District Court may involve hearings, Domestic Hearing Officer Conferences, or proceedings before the appropriate judge depending on the type of relief requested and the procedural posture of the case.
Because these issues can affect your children, finances, and day-to-day life long before the divorce itself is finalized, it is important to address them strategically from the beginning.
What About Community Property After Divorce?
Divorce does not automatically resolve every financial issue between spouses.
Community property matters may involve real estate, retirement accounts, vehicles, debts, businesses, reimbursement claims, or other assets and liabilities acquired during the marriage.
In some cases, property issues are resolved by agreement. In others, a separate community property partition proceeding may be necessary.
The divorce judgment itself and the division of marital property are often separate legal matters.
Do You Need a Divorce Attorney in Jefferson Parish?
Louisiana does not require every person seeking a divorce to hire an attorney. However, even divorces that initially appear straightforward can become complicated when service, custody, support, property, retirement accounts, businesses, or disagreements between spouses are involved.
A Jefferson Parish divorce attorney can help determine the appropriate type of divorce, ensure filings comply with Louisiana law and local court procedures, protect important legal claims, and address related family-law issues as they arise.
Contact a Jefferson Parish Divorce Attorney
Moisant Law Firm represents individuals facing divorce and family-law matters throughout Jefferson Parish, including Metairie, Kenner, Gretna, and surrounding communities, as well as the greater New Orleans area.
Whether you are preparing to file for divorce, have already been served with divorce papers, or are dealing with contested custody, support, or property issues, Moisant Law Firm can help you understand your options and develop a strategy for moving forward.
Contact Moisant Law Firm today to schedule a consultation with a Jefferson Parish divorce and family-law attorney. You can fill out the contact form online (CLICK HERE) or call 504-317-1685.
This article is for informational purposes only and does not constitute legal advice. Laws and court procedures may change, and you should consult a Louisiana family law attorney about your specific situation.
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