January 1, 2019
CC Art 102- Jment of Divorce, Living Sep/Apart Prior to Rule
Except in the case of a covenant marriage,
A divorce shall be granted upon motion of a spouse
When either spouse has filed a petition for divorce and
Upon proof that the requisite period of time, in accordance with Art. 103.1,
Has elapsed from the service of the petition,
Or from the execution of written waiver of the service,
And that the spouses have lived separate and apart continuously for at least the requisite period of time, in accordance with Art. 103.1,
Prior to the filing of the rule to show cause
CC Art 102 Revision Comments 1990 (b)
A petition filed under this Article sufficiently states a cause of action for dissolution of marriage if:
It declares that the plaintiff desires to be divorced from the defendant,
And alleges the jurisdictional facts called for by CCP Art 10(A)(7),
And one or more of the bases of divorce venue specified in CCP Art 3941.
The petition need not allege:
Fault on the part of the other spouse
Living separate and apart for a period of time, or
Any other basis for the plaintiff’s demand
CC Art 102 Revision Comments 1990 (c)
No answer need be made to a petition filed under this Article.
The defense of reconciliation and the various procedural defenses implicit in this Article and CCP Art. 3952, et seq. should be raised at the hearing on the rule to show cause provided for in CCP Art 3952.
CC Art 102 Revision Comments 1990 (d)
The one hundred eighty day waiting period required by CC Art 102 is not waivable.
CC Art 102 Revision Comments 1990 (e)
An action under CC Art 102 may be defeated by proof that the parties have reconciled during the one hundred eighty day period. See CC Art 104.
What constitutes reconciliation in CC 102 and 103 is a question of fact to be decided with jurisprudential guidelines.
Millon v. Millon, 352 So. 2d 325 (La. App. 4 Cir. 1977)
Jordan v. Jordan, 394 So. 2d 1291 (La. App. 1 Cir. 1981)
CC Art 102 Revision Comments 1990 (f)
CCP Arts 3941 et. seq. govern the procedures for obtaining a divorce under this Chapter
CC Art 102 Revision Comments 1990 (g)
The rule to show cause required by CC Art 102 is the sole means whereby a final judgment of divorce may be obtained under CC Art 102. A MSJ or Jment on Pleadings may not be used under CCP Art 969.
CC Art 102 Revision Comments 1990 (h)
Under CCP Art 3954 an action under CC Art 102 is deemed abandoned if the motion for entry of Jment called for by CC Art 102 is not filed within two years of the service, or execution of a valid written waiver of service, of the original petition.
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