103 DIVORCE

CC. Art. 103. Judgment of Divorce; Other Grounds states…
            “Except in the case of a covenant marriage, a divorce shall be granted on the petition of a spouse upon proof that:
1.    The spouses have been living separate and apart continuously for the requisite period of time, in accordance with Article 103.1, or more on the date the petition is filed.
2.    The other spouse has committed adultery.
3.    The other spouse has committed a felony and has been sentenced to death or imprisonment at hard labor.
4.    During the marriage, the other spouse has physically or sexually abused the spouse seeking divorce or a child of one of the spouses, regardless of whether the other spouse was prosecuted for the act of abuse.
5.    After a contradictory hearing or consent decree, a protective order or an injunction was issued during the marriage, in accordance with the law, against the other spouse to protect the spouse seeking the divorce or a child of one of the spouses from abuse.”

-    Your attorney could petition the court on your behalf to terminate the community as soon as there is a physical separation then file for a divorce after there has been six months of physical separation. Thus, ending the community obligation.


C.C. Art. 159. Effect of Divorce on Community Property Regime states…
      “A judgment of divorce terminates a community property regime retroactively to the date of filing of the petition in the action in which the judgment of divorce is rendered. The retroactive termination of the community shall be without prejudice to the rights of third parties validly acquired in the interim between the filing of the petition and recordation of the judgment.
      Amended by Acts 1977, No. 483, §2; Acts 1979, No. 711, §1; Acts 1990, No. 1009, §2, eff. Jan. 1, 1991.
      This revision reproduces two of the three significant rules formerly stated in Civil Code Article 159, omitting unnecessary language. The substance of the former provision of Article 159 concerning attorney’s fees and costs incurred in a divorce action is now to be found in amended Civil Code Article 2357 and in new Article 2362.1. These provisions do not change the law.”


CC. Art. 103.1 Judgment of Divorce; Time Periods states…
            “The requisite periods of time, in accordance with Articles 102 and 103 shall be as follows:
1.    One hundred eighty days where there are no minor children of the marriage.
2.    Three hundred sixty-five days when there are minor children of the marriage at the time the rule to show cause is filed in accordance with Article 102 or a petition is filed in accordance with Article 103.
Added by Acts 2006, No. 743. Amended by Acts 2010, No. 604; Acts 2014, No. 316.”

-    Reconciliation restarts a waiting period and voids a pending divorce. 
-    What constitutes as reconciliation is up to the discretion of the Judge.

C.C. Art. 104. Reconciliation states…
      “The cause of action for divorce is extinguished by the reconciliation of the parties.
      Amended by Acts 1979, No. 677, §1; Acts 1980, No. 351, §1; Acts 1990, No. 1009, §2, eff. Jan. 1, 1991.
      This Article codifies the prior jurisprudence holding that an action for divorce under former Civil Code Article 139 or R.S. 9:301 (now Article 103, supra) could be defeated by proof that the parties had reconciled. E.g., Whipple v. Smith, 428 So. 2d 1114 (La. Ct. App. 1st Cir. 1983); Humes v. McIntosh, 225 La. 930, 74 So. 2d 167 (1954). What constitutes reconciliation is a question of fact to be decided in accordance with established jurisprudential guidelines. E.g., Millon v. Millon, 352 So. 2d 325 (La. Ct. App. 4th Cir. 1977). Under this revision reconciliation may also defeat a divorce action under new Civil Code Article 102, Supra.”

C.C. Art. 105. Determination of Incidental Matters states…
      “In a proceeding for divorce or thereafter, either spouse may request a determination of custody, visitation, or support of a minor child; support for a spouse; injunctive relief; use and occupancy of the family home or use of community movables or immovables; or use of personal property.
      Acts 1984, No. 817, §1; Acts 1990, No. 1009, §2, eff. Jan. 1, 1991.
      This Article is new, but it does not change the law. It states in a single Article the general rule that either party to a divorce action may move the court to determine the incidental issues raised by the divorce. Under this Article a party may move the court to determine the relevant incidental issues either while the divorce action is pending, or for the post-divorce period, or both. This revision does not provide for an interlocutory judgment of separation (compare former C.C. Arts. 138, 139 (1870), R.S. 9:302 (repealed by this revision)); so it is not necessary to pretermit consideration of post-divorce dispositions until the final hearing on the divorce issue itself. The court may do so, however, in its discretion in order to afford the parties time to develop necessary evidence. In making a determination under this Article the court should consider the factors listed in the relevant provisions of Chapter 2 of this Title or of Title 9 of the Revised Statutes.”

C.C. Art. 118. Other Remedies Affected states…
      “Failure to bring an action for divorce pursuant to Article 103(4) or (5) or final spousal support pursuant to Article 112(B) shall in no way affect the rights of the party to seek other remedies provided by law.
      Added by Acts 2014, No. 316.”

 

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