Art. 3955. Service of petition

            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.

            Acts 2010, No. 407, §1; Acts 2014, No. 379, §2, eff. May 30, 2014; Acts 2017, No. 419, §1; Acts 2026, No. 36, §1.