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)
Legislation
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Originally posted and maintained by Americans
for Divorce Reform; now maintained by John Crouch. You can call me at
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