Rule Text
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.
Amendment history: Acts 1990, No. 1009, §5, eff. Jan. 1, 1991; Acts 1995, No. 386, §2; Acts 2006, No. 743, §2, eff. Jan. 1, 2007; Acts 2018, No. 195, §1.
Plain-English Summary (for reference only — not a substitute for the rule text above)
This summary is not the rule. The rule text controls.
If you want to get a divorce this way, you have to file a formal request called a "rule to show cause." This request has to say a few specific things: that the other spouse was properly served with the original divorce papers, that enough time has passed since that service (based on the waiting period set by law), and that you and your spouse have actually been living apart the whole time without getting back together.
You also need to back up these statements with a sworn affidavit, basically a signed statement confirming everything in the request is true. Before the court will grant the divorce, the other spouse (or their lawyer, or a lawyer appointed to represent them) must be given a copy of this request. The only way to skip this notice step is if the other spouse agrees in writing to waive it.
In plain terms, this rule makes sure the other spouse knows the divorce is moving forward and has a chance to respond, unless they specifically say they don't need that notice.
