Category: Divorce Statutes

Art. 101 Termination of Marriage

Art. 101.  Termination of marriage Marriage terminates upon: (1) The death of either spouse; (2) Divorce; (3) A judicial declaration of its nullity, when the marriage is relatively null. The issuance of a court order authorizing the spouse of a person presumed dead to remarry, as provided by law. Acts 1987, No. 886, §1, eff. [..]

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Art. 102 Judgment of Divorce (Living Separate)

Art. 102.  Judgment of divorce; living separate and 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 Article 103.1, has elapsed [..]

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Art. 103 Judgment of Divorce (Other Grounds)

Art. 103. Judgment of divorce; other grounds 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 [..]

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Art. 103.1 Judgment of Divorce (Time Periods)

Art. 103.1.  Judgment of divorce; time periods 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 [..]

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Art. 104 Reconciliation

Art. 104.  Reconciliation 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.

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Art. 105 Determination of Incidental Matters

Art. 105.  Determination of incidental matters 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, [..]

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Art. 159 Effect of Divorce on Community Property Regime

Art. 159.  Effect of divorce on community property regime 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 rights of third parties validly acquired [..]

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R.S. §9:301 Presumed Dead

§9:301.  Court may authorize spouse of military personnel presumed dead to remarry; judgment dissolves marriage A. The spouse of a person presumed dead, as provided in R.S. 9:1441, may petition the district court of the parish in which the petitioner is domiciled for authority to contract another marriage.  Upon the submission of proof that the [..]

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R.S. §9:302 Divorce Proceedings (Procedure)

§9:302.  Divorce proceedings; hearings in chambers; procedure A. In addition to any hearing otherwise authorized by law to be held in chambers, the court by local rule, and only in those instances where good cause is shown, may provide that only with mutual consent, civil hearings before the trial court in divorce proceedings may be [..]

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R.S. §9:303 Income Assignment

§9:303.  Income assignment; new orders; deviation A. In all new child support orders after January 1, 1994, that are not being enforced by the Department of Children and Family Services, the court shall include as part of the order an immediate income assignment unless there is a written agreement between the parties or the court [..]

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