A. A divorce action instituted under Civil Code Article 102 is abandoned if the rule to show cause provided by that Article is not filed within two years of the service of the original petition or execution of written waiver of service of the original petition. B. This provision shall be operative without formal order, but on ex parte motion of any party or other interested person, the trial court shall enter a formal order of dismissal as of the date of abandonment.
Art. 3954.Abandonment of Action
Book VII. Special Proceedings · Title IV. Divorce and Annulment of Marriage · Chapter 2. Divorce Under Civil Code Article 102 · Last amended 1991 · Last verified July 30, 2026
In one sentenceArticle 3954 deems an Article 102 divorce action abandoned if the rule to show cause is not filed within two years of service, or of a written waiver of service, of the original petition, an outcome that operates automatically though a court still enters a formal dismissal order on request.
Full Text of Art. 3954
Amendment History
Acts 1990, No. 1009, §5, eff. 1/1/1991; Acts 1991, No. 367, §2.
Plain-English Summary
Article 3954 sets an outer boundary on how long an Article 102 divorce can sit after the petition is filed. Once the original petition has been served, or service has been waived in writing, the moving party has two years to file the rule to show cause that Article 3952 governs. That two-year window is distinct from the shorter waiting period Civil Code Article 103.1 requires before the rule can be filed at all; the two-year period marks the deadline by which the rule must be filed, not the point at which it becomes available.
Abandonment under this article happens automatically, without any court order, once the two years pass without the rule being filed. Paragraph B nonetheless lets any party, or any other interested person, move ex parte for a formal order of dismissal confirming the abandonment date. That formal order gives the case a clean record, useful for a party who wants a definitive end to a pending divorce action rather than relying on abandonment having occurred by operation of law.
This self-executing, two-year abandonment period is specific to divorces brought under Civil Code Article 102 and stands apart from the general rule that dismisses an ordinary civil action for prolonged inactivity, which runs on a different timetable.
Frequently Asked Questions
How long do I have to file the rule to show cause after serving my Article 102 divorce petition?
Two years from service of the original petition, or from execution of a written waiver of that service, or the action is abandoned under Article 3954.
Does the court automatically dismiss my case once the two years pass?
Abandonment itself happens by operation of law without a court order, but a formal order of dismissal requires an ex parte motion by a party or other interested person.
Who can ask for a formal dismissal order after an Article 102 divorce is abandoned?
Any party to the action, or any other interested person, may move ex parte for the formal order confirming the date of abandonment.
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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