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, notwithstanding insufficient or erroneous service.
Acts 2010, No. 407, §1; Acts 2014, No. 379, §2, eff. May 30, 2014; Acts 2017, No.
419, §1.