2004 Louisiana Divorce Law Reform



Part of the Divorce Reform Page, sponsored by Americans for Divorce Reform
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The original instrument and the following digest, which constitutes no part of the legislative instrument, were prepared by Yolanda Johnson Dixon.

DIGEST
Present law provides for a judgment of divorce, except in the case of a covenant marriage, to be granted on motion of a spouse upon proof that 180 days have elapsed from service of the petition or from the execution of written waiver of service and that the spouses have lived separate and apart continuously for at least 180 days prior to the filing of the rule to show cause. Additionally, provides for divorce when the spouses have lived separate and apart for six months or more on the date the petition is filed, when the other spouse has committed adultery, or when the other spouse has committed a felony and sentenced to death or imprisonment at hard labor. Present law provides that in a divorce, a judgment on the pleadings and a summary judgment without hearing may be granted upon specified conditions. Additionally provides for the procedure to be used in connection with obtaining the judgment of divorce and authorizes the court to hear proceedings related to divorce in chambers. Proposed law requires marital counseling in a proceeding for a judgment for divorce and reinstitutes the cause of action for separation from bed and board and divorce based on fault and the incidental relief and effects related to reinstitution of the action for separation. Proposed law deletes procedures used in Article 102 divorce proceedings to effectuate the divorce and deletes authority to use summary judgments and judgment on the pleadings in a divorce proceeding. Proposed law reestablishes jurisdiction and venue for separation from bed and board actions and provides for judgment and confirmation of judgment by default in such actions. Proposed law deletes provisions authorizing a court to hold divorce proceedings in chambers. Present law provides the grounds for separation from bed and board and divorce related to a covenant marriage. Proposed law deletes these provisions. Present law provides, relative to the issuance of temporary restraining orders and protective orders, that the court, for good cause, in an ex parte proceeding may enter a temporary restraining order to protect a petitioner, minor children or an incompetent from abuse. Provides that a temporary restraining order may be granted without notice and provides for notice of the order at the hearing of the rule to show cause. Proposed law eliminates the authority of the court to issue temporary restraining orders in an ex parte proceeding without notice. Requires notice and that a hearing be held before a temporary restraining order can be issued. Effective Jan.1, 2004. Provides that proposed law shall apply to actions for separation from bed and board or divorce commenced after Jan. 1, 2004. Provides that persons who file for divorce prior to Jan. 1, 2004, but who do not obtain a judgment on the effective date of proposed law may obtain a judgment in accordance with the prior law. (Amends C.C. Arts. 102-105, C.C. Art.111, C.C.P. Arts. 10(A)(7) and (B), 969, 1701(B), 1702(E), 3941, 3942, and 3944, R.S. 9:291 and 373(A), R.S. 13:1401(A)(7), R.S. 46:2135(intro para), (A) and (B); adds C.C. Arts 106 - 108; repeals C.C.P. Arts. 3951-3958, R.S. 9:302 through 309 and R.S. 13:3491)


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Originally posted and maintained by Americans for Divorce Reform; now maintained by John Crouch. You can call me at (703) 528-6700 or e-mail me through my law office's web site.