Book VII. Special Proceedings · Title IV. Divorce and Annulment of Marriage · Chapter 2. Divorce Under Civil Code Article 102 · Last amended 2017 · Last verified July 30, 2026
This article has two versions. The text below is in effect now. A new version takes effect August 1, 2026; it appears further down this page.
In one sentenceArticle 3955 requires the plaintiff in an Article 102 divorce to request service of the petition within ninety days of filing, treats a timely request for appointment of an attorney for an absentee defendant as compliance, allows the defendant to waive the deadline expressly or by failing to timely object, and counts a timely request as sufficient even if the service later proves defective.
Full Text of Art. 3955 (Current Version)
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A. When a petition for divorce is filed in accordance with Civil Code Article 102, service of the petition shall be requested on the defendant within ninety days of the filing of the petition. B. If the defendant is an absentee, the request for appointment of an attorney to represent the absentee defendant within ninety days of commencement of the action constitutes compliance with the requirements of Paragraph A of this Article. C. The defendant may expressly waive the requirements of Paragraph A of this Article by any written waiver. The requirement provided by Paragraph A of this Article shall be expressly waived by a defendant unless the defendant files, in accordance with the provisions of Article 928, a declinatory exception of insufficiency of service of process specifically alleging the failure to timely request service of the petition, in which case, after due proceedings, the action shall be dismissed.
D. If not waived, a request for service of citation upon the defendant shall be considered timely if requested on the defendant within the time period provided by this Article, notwithstanding insufficient or erroneous service.
A. When a petition for divorce is filed in accordance with Civil Code Article 102, service of the petition shall be requested on the defendant within ninety days of the filing of the petition.
B. If the defendant is an absentee, the request for appointment of an attorney to represent the absentee defendant within ninety days of commencement of the action constitutes compliance with the requirements of Paragraph A of this Article.
C. The defendant may expressly waive the requirements of Paragraph A of this Article by any written waiver. The requirement provided by Paragraph A of this Article shall be expressly waived by a defendant unless the defendant files, in accordance with the provisions of Article 928, a declinatory exception of insufficiency of service of process specifically alleging the failure to timely request service of the petition, in which case, after due proceedings, the action shall be dismissed.
D. If not waived, a request for service of citation upon the defendant shall be considered timely if requested on the defendant within the time period provided by this Article and all fees specified by the clerk of court for service of citation are paid within the times provided by this Article, notwithstanding insufficient or erroneous service.
E.
(1)Upon receipt of a request for service of citation pursuant to this Article, the clerk of court shall provide to the filing party a confirmation of receipt of the request and a statement of the initial fees for the requested service, which shall be paid within the ninety-day period for requesting service in accordance with Paragraph A of this Article.
(2)If additional fees are owed, the clerk of court shall provide to the filing party a statement of additional fees for the requested service, which shall be paid within the ninety-day period for requesting service in accordance with Paragraph A of this Article or within thirty days from the date of receipt of the statement of additional fees from the clerk of court, whichever period is longer.
F. The provisions of this Article regarding the payment of fees for service of citation shall not apply to litigants permitted to litigate without the payment of costs.
Amendment History (Effective August 1, 2026 Version)
Article 3955 sets a deadline that operates earlier in the case than the waiting-period and rule-to-show-cause timelines governed by Articles 3952 through 3954. When a petition for divorce is filed under Civil Code Article 102, the plaintiff must request service of that petition on the defendant within ninety days of filing.
Paragraph B addresses a defendant who cannot be located: if the defendant is an absentee, requesting the appointment of an attorney to represent that absentee defendant within the same ninety days satisfies the article's requirement, standing in for a request to serve someone who cannot be served.
Paragraph C lets a defendant waive the ninety-day requirement expressly, in any written waiver, and also builds in a default waiver: unless the defendant files a declinatory exception of insufficiency of service of process under Article 928, specifically alleging the failure to timely request service, the requirement is treated as waived. A defendant who does not raise the issue promptly loses the ability to raise it later. Paragraph D then makes clear that what matters is the timeliness of the request itself, not whether the resulting service turned out to be error-free; a timely request satisfies the article notwithstanding insufficient or erroneous service.
An amendment effective August 1, 2026 adds a further condition to what counts as a timely request. Beyond requesting service within the ninety-day period, the amendment requires that all fees the clerk of court specifies for service of citation be paid within the time periods the article provides, and it adds a procedure for the clerk to confirm receipt of the request and notify the filing party of the fees owed, with an extended window to pay any additional fees the clerk later identifies. Litigants permitted to proceed without paying costs are exempt from this fee-payment condition.
Frequently Asked Questions
How soon must I request service after filing an Article 102 divorce petition in Louisiana?
Within ninety days of filing the petition, under Article 3955.
What if my spouse cannot be located to be served?
Requesting the appointment of an attorney to represent an absentee defendant within the same ninety days satisfies the article's requirement in place of a service request.
Can my spouse waive the ninety-day service-request deadline?
Yes, either expressly in a written waiver or by default: unless the defendant files a timely declinatory exception under Article 928 specifically raising the failure to request service, the requirement is treated as waived.
Does defective service undo an otherwise timely request?
No. Article 3955 makes timeliness turn on when the request for service was made, not on whether the service that followed was free of error.
Is Article 3955 changing?
Yes. An amendment effective August 1, 2026 adds that the clerk's fees for service of citation must also be paid within the prescribed time for a request to count as timely, adds clerk confirmation and fee-notice procedures, and exempts litigants who are permitted to proceed without paying costs.
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
Also known as:ninety day service deadline Louisiana divorceArticle 3955 Louisianaabsentee defendant divorce service Louisianadeclinatory exception insufficient service divorce2026 amendment Article 3955 service fees