The rule to show cause provided in Civil Code Article 102 shall allege proper service of the initial petition for divorce, that the requisite period of time, in accordance with Civil Code Article 103.1, or more has elapsed since that service, and that the spouses have lived separate and apart continuously for the requisite period of time, in accordance with Civil Code Article 103.1. The rule to show cause shall be verified by the affidavit of the mover and shall be served on the defendant, the defendant's attorney of record, or the duly appointed attorney for the defendant prior to the granting of the divorce, unless service is waived by the defendant.
Art. 3952.Rule to Show Cause and Affidavit
Book VII. Special Proceedings · Title IV. Divorce and Annulment of Marriage · Chapter 2. Divorce Under Civil Code Article 102 · Last amended 2018 · Last verified July 30, 2026
In one sentenceArticle 3952 requires the rule to show cause in an Article 102 divorce to allege proper service of the initial petition, that the requisite period under Civil Code Article 103.1 has elapsed since that service, and that the spouses have lived separate and apart continuously for that period, and requires the rule to be verified and served on the defendant unless waived.
Full Text of Art. 3952
Amendment History
Amended by Acts 2018, No. 195, §1, eff. 8/1/2018. Acts 1990, No. 1009, §5, eff. 1/1/1991; Acts 1995, No. 386, §2; Acts 2006, No. 743, §2, eff. 1/1/2007.
Plain-English Summary
Once the waiting period Civil Code Article 103.1 prescribes has run following service of the original petition, the moving spouse takes the second procedural step in an Article 102 divorce: filing the rule to show cause Article 3952 governs, asking the court to grant the divorce.
That rule has to allege three specific things: that the original petition was properly served, that the requisite period under Article 103.1 or more has elapsed since that service, and that the spouses have lived separate and apart continuously for that same period. Like the petition itself under Article 3951, the rule to show cause is not a bare assertion; it has to be verified by the affidavit of the party moving for divorce.
The rule must then be served on the defendant, on the defendant's attorney of record, or on an attorney appointed to represent the defendant, before the divorce can be granted, unless the defendant has waived that service. This is what gives the other spouse an opportunity to contest the divorce before it is granted, and it connects directly to Article 3953: a rule to show cause filed before these timing and service prerequisites are satisfied risks an absolute nullity of the resulting judgment.
Frequently Asked Questions
What is a rule to show cause in a Louisiana Article 102 divorce?
It is the pleading the moving spouse files after the statutory waiting period has run, asking the court to grant the divorce, and it must allege proper service of the original petition, the elapsed waiting period, and continuous separation.
Does the rule to show cause need to be served on my spouse?
Yes, on the defendant, the defendant's attorney of record, or a court-appointed attorney for the defendant, unless the defendant has waived service.
Does the rule to show cause have to be sworn to, like the original petition?
Yes. Article 3952 requires the rule to be verified by the affidavit of the party moving for the divorce.
What happens if I file the rule to show cause before the waiting period has run?
The resulting judgment risks being an absolute nullity under Article 3953, which voids a judgment rendered without the required time having elapsed.
Source & verification. Article text is reproduced verbatim from
the Louisiana Code of Civil Procedure (legis.la.gov). Enacted by the Louisiana Legislature.
Last verified July 30, 2026.
· Official source
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