Default Divorce in Louisiana: How to Finalize When Your Spouse Doesn't Respond

What Changed: The 2021 and 2023 Reforms

If you've been researching Louisiana default divorce procedures, you've probably found conflicting information — some sources walk you through "entering a preliminary default" as a distinct step, while others skip it entirely. The confusion stems from two legislative changes that overhauled how default judgments work in Louisiana:

Act 174 of 2021 (effective January 1, 2022) eliminated the term "preliminary default" from Louisiana law. Under the old system, you had to first enter a preliminary default (a clerk's certificate that the defendant hadn't responded), wait additional days, and then seek the actual default judgment. The new CCP Article 1702 streamlines this: you submit competent, self-authenticating evidence to establish a prima facie case, and the court enters judgment based on that evidence.

Act 368 of 2023 (effective August 1, 2023) added CCP Article 1702(F)(3), which explicitly exempts Article 103(1) and Article 103(5) divorce default judgments from the requirement to send a 7-day certified mail notice to the defendant before seeking default. This eliminated another procedural delay that used to trip up self-represented filers.

Any form, guide, or template that still references "entering a preliminary default" or requires a 7-day notice for Article 103(1) divorces is outdated.

Article 103(1) Default Judgment: Step by Step

Article 103(1) divorces (the "wait-then-file" path) are where most default judgments happen, because the separation period is already complete and many respondents simply agree and don't contest.

Step 1: Wait for the response deadline to pass. After your spouse is served, they have 15 days (in-state) or 30 days (out-of-state) to file a response. If no response is filed, you can proceed.

Step 2: Prepare the default confirmation packet. You'll need to assemble a package of evidence that proves your case without a hearing. This typically includes:

• The original filed petition with the clerk's filing stamp
• Proof of service (the sheriff's return or the filed waiver of citation)
• A verification affidavit attesting to the facts alleged in the petition
• An affidavit of correctness attesting that the facts in the petition are true, the defendant was properly served, and the statutory delays have passed
• A proposed judgment of divorce for the judge to sign
• A civil cover sheet (if required by the parish)

Step 3: Submit the packet to the court. In many parishes, Article 103(1) default divorces are handled entirely on paper — you submit the packet, and a judge reviews it in chambers without a court hearing. In other parishes, you may need to appear briefly before the judge for a confirmation hearing. Call your parish clerk's office to confirm their specific procedure.

Step 4: Judge reviews and signs the judgment. If the documentation is complete and correct, the judge signs the Judgment of Divorce. If anything is missing or defective, the clerk's office will notify you of what needs to be corrected and resubmitted.

Article 102 Default: A Two-Stage Process

Article 102 divorces (the "file-then-wait" path) are more complex because default can happen at two stages:

Stage 1 — After the initial petition. If your spouse doesn't respond to the original petition, you don't need to do anything at this stage. There's no immediate default to seek. Once the service or waiver and physical-separation requirements are met, the separation period runs and you simply wait for the 180-day or 365-day period to elapse.

Stage 2 — After the Rule to Show Cause. Once the separation period is complete, you file a Rule to Show Cause and serve your spouse again. If they don't respond to the Rule, you proceed to the hearing (or in some parishes, submission in chambers). At the hearing, you present two corroborating witnesses who testify that you and your spouse lived separate and apart continuously without reconciliation during the waiting period.

The hearing requirement is a key difference between Article 102 and Article 103(1) finalization. Article 102 summary hearings typically require live testimony — you and two witnesses appear before the judge. Article 103(1) default judgments are often completed purely on paper.

The Affidavit of Correctness

The affidavit of correctness is the document that does the heavy lifting in a default judgment. It's a sworn statement — signed before a notary — attesting that:

• The allegations in the petition are true and correct
• The defendant was properly served
• The defendant has not filed a response
• The statutory delays have expired
• You are entitled to the relief requested in the petition

Some parishes have their own specific affidavit forms. Others accept any affidavit that covers the required elements. Check with your parish clerk's office or the court's self-help desk for local forms.

Common Mistakes That Cause Rejection

Incomplete proof of service. The sheriff's return must be filed with the court, showing the date, time, and method of service. If the return isn't in the record, the judge cannot confirm that the defendant was properly served.

Using outdated forms. Forms referencing "preliminary default" or "entry of default" may not match current procedure. Use the court's current self-help forms or check the Louisiana Legal Navigator for updated templates.

Wrong calculation of delays. The response deadline and any additional waiting periods must have fully elapsed before you submit your default packet. Submitting even one day early results in rejection.

Missing the proposed judgment. The judge doesn't draft the judgment — you provide one. The proposed judgment must include the correct case number, the parties' names, the statutory basis for the divorce, and appropriate language dissolving the marriage.

The Louisiana Divorce Filing Process Guide includes a default confirmation roadmap with pre-formatted affidavit templates, a deadline calculator, and a parish-by-parish reference for whether your court handles Article 103(1) defaults on paper or requires a hearing.

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