Art. 3951.Petition For Divorce

Civil Code Article 102 supplies one of Louisiana's own tracks to divorce, built around the spouses living separately for a set period before the court can grant the divorce. This Chapter of the Code of Civil Procedure does not restate that substantive ground; it supplies the procedural steps unique to pursuing a divorce along that track, layered on top of the general divorce rules found in Chapter 1 of this Title.

Article 3951 opens the sequence. The petition that begins an Article 102 divorce action has to allege jurisdiction and venue, tying back to the venue choices Article 3941 makes available for divorce actions generally, and it has to be verified by the affidavit of the petitioner. That verification requirement stands out because most petitions filed under the Code's general pleading rules are not sworn statements at all.

Filing the petition is only the first procedural step. Once the waiting period the Civil Code prescribes has run, the moving spouse returns to court with the rule to show cause that Article 3952 governs, asking the court to grant the divorce on the strength of the facts alleged and proven.