A judgment dismissing a petition for divorce under Civil Code Article 102 shall be rendered upon joint application of the parties and upon payment of all costs, or upon contradictory motion of the plaintiff. A judgment of dismissal rendered under this Article shall be without prejudice to any separation of property decree rendered under Civil Code Articles 2374 and 2375.
Art. 3958.Voluntary Dismissal
Book VII. Special Proceedings · Title IV. Divorce and Annulment of Marriage · Chapter 2. Divorce Under Civil Code Article 102 · Enacted 1993 · no amendments on record · Last verified July 30, 2026
In one sentenceArticle 3958 allows an Article 102 divorce petition to be dismissed either by the parties' joint application and payment of costs or by the plaintiff's contradictory motion, and any dismissal it produces leaves undisturbed a separation-of-property decree already rendered under Civil Code Articles 2374 and 2375.
Full Text of Art. 3958
Amendment History
Acts 1993, No. 628, §1.
Plain-English Summary
Article 3958 offers two distinct paths to end an Article 102 divorce action voluntarily. The first is a joint application, where both spouses agree to dismiss and the costs of the proceeding are paid. The second is a contradictory motion brought by the plaintiff alone, which, because it is contradictory, gives the defendant notice and an opportunity to be heard on the request rather than resolving it without a hearing.
Dismissing the divorce petition under either route does not disturb a decree of separation of property already rendered under Civil Code Articles 2374 and 2375. The judgment of dismissal is expressly without prejudice to that kind of property decree, so ending the divorce claim does not unwind a property settlement the parties already obtained.
This voluntary, affirmative act of dismissal stands apart from the automatic abandonment Article 3954 imposes after two years of inactivity. Article 3958 requires someone to take an affirmative step, whether jointly or by contradictory motion, rather than letting the case lapse on its own through the passage of time.
Frequently Asked Questions
How can I dismiss my Article 102 divorce case in Louisiana?
Either by joint application with the other spouse and payment of costs, or by contradictory motion brought by the plaintiff alone, under Article 3958.
Do I need my spouse's agreement to dismiss my divorce petition?
Not necessarily. A plaintiff can dismiss by contradictory motion without the other spouse's agreement, though the joint-application route requires both parties.
If I dismiss my Article 102 divorce petition, does that undo a property settlement already entered?
No. Article 3958 states the dismissal is without prejudice to a decree of separation of property rendered under Civil Code Articles 2374 and 2375.
What is the difference between dismissal under Article 3958 and abandonment under Article 3954?
Dismissal under Article 3958 requires an affirmative act by the parties or plaintiff, while abandonment under Article 3954 happens automatically after two years without the rule to show cause being filed.
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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