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The petition for an article 103 divorce should allege jurisdiction, venue, domicile of the parties, the grounds for divorce (typically 180 or 365 days of physical separation or a felony conviction), non-reconciliation, lack of covenant marriage, whether or not the parties have minor children of the marriage, and their ...
Louisiana Civil Code Article 103 allows couples who have been living apart for specific periods of time to file a divorce petition and get a final Judgment of Divorce signed by the court in a relatively short period of time.
First, you or your spouse must have been a resident of Louisiana for at least 6 months before filing for divorce. Second, you must have valid grounds for divorce, which can include living separate and apart for the required period of time, or fault-based grounds such as adultery, abandonment, or cruelty.
If there are no minor children, or if there is physical or sexual abuse, then the waiting period is 180 days. If there are minor children, then the waiting period is 365 days. Parties to an Article 103 divorce can normally get a final judgment of divorce within one month of the papers being filed.
A 102 divorce is a no-fault divorce while a 103 divorce is fault based. Still, both types of divorce allow a couple to end their marriage so they can move forward as single individuals.