Article 102 and Article 103 Divorce

What’s the difference between an Article 102 and Article 103(1) Divorce?

In the State of Louisiana, there are two ways to divorce under Louisiana Code of Civil Procedure: Article 102 and Article 103(3). 

Article 102

The divorcing parties must live separate and apart for 180 days AFTER to filing for a divorce if there are no children born of the marriage. However, if children are born of the marriage, the parties must separate for 365 continuous days 

Article 103

The divorcing parties live separate and apart PRIOR to filing for divorce. If there are no children of the marriage, the separation period if 180 days, however, if children are born of the marriage, the parties must separate for 365 continuous days. 

The disadvantages of filing a 103 divorce is that your legal status remains “married” pending the final divorce. Unless parties take some legal action to terminate the community, there still may be some responsibility for each other’s debts during the required six month or one year physical separation.

Other Things To Consider

Regardless of whether you file for Divorce under Article 102 or 103(1) you will still have to file specific documentation.

These files include:

1. Petition

2. Acceptance of Service and Waiver of Citation and All Delays

3. Child Support Worksheet and Parenting Plan (if minor children involved)

4. Judgment of Divorce 

Divorce can be a difficult process, rather than it be a time of destroying each other’s finances and future relationship due to attacking each other in court and throughout the process , it can be a period where post- marital and co-parenting boundaries are set. If you are getting a divorce are seeking counsel please reach out to our office to schedule a consultation with one of our attorneys to discuss which article is best for your divorce. 

Written By: Brittany Hampton