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Regular Session, 2010
HOUSE BILL NO. 1261 (Substitute for House Bill No. 17 by Representative Ligi)
BY REPRESENTATIVE LIGI
DIVORCE: Provides procedures for a Civil Code Article 102 divorce
AN ACT1
To amend and reenact Code of Civil Procedure Articles 925(A)(2) and 1672(C) and to enact2
Code of Civil Procedure Article 3955, relative to procedures for divorce; to provide3
for the filing of a declinatory exception; to provide for the dismissal of an action; to4
provide for service of an Article 102 divorce petition; and to provide for related5
matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. Code of Civil Procedure Articles 925(A)(2) and 1672(C) are hereby8
amended and reenacted and Code of Civil Procedure Article 3955 is hereby enacted to read9
as follows: 10
Art. 925. Objections raised by declinatory exception; waiver11
A. The objections which may be raised through the declinatory exception12
include but are not limited to the following:13
* * *14
(2) Insufficiency of service of process, including failure to request service15
of citation on the defendant within the time prescribed by Article 1201(C), or failure16
to request service of petition within the time prescribed by Article 3955.17
* * *18
Art. 1672. Involuntary dismissal19
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C. A judgment dismissing an action without prejudice shall be rendered as1
to a person named as a defendant for whom service has not been requested within the2
time prescribed by Article 1201(C) or 3955 upon the sustaining of a declinatory3
exception filed by such defendant, or upon contradictory motion of any other party,4
unless good cause is shown why service could not be requested, in which case the5
court may order that service be effected within a specified time.6
* * *7
Art. 3955. Service of petition8
A. When a petition for divorce is filed in accordance with Civil Code Article9
102, service of the petition shall be requested on the defendant within ninety days of10
the filing of the petition.11
B. If the defendant is an absentee, the request for appointment of a curator12
ad hoc within ninety days of commencement of the action constitutes compliance13
with the requirements of Paragraph A of this Article.14
C. The defendant may expressly waive the requirements of Paragraph A of15
this Article by any written waiver. The requirement provided by Paragraph A of this16
Article shall be expressly waived by a defendant unless the defendant files, in17
accordance with the provisions of Article 928, a declinatory exception of18
insufficiency of service of process specifically alleging the failure to timely request19
service of the petition, in which case, after due proceedings, the action shall be20
dismissed.21
Section 2. The provisions of this Act shall be applied prospectively only.22
Section 3. The Louisiana State Law Institute is hereby directed to prepare comments23
to the provisions of this Act. 24 HLS 10RS-2320 REENGROSSED
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DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Ligi HB No. 1261
Abstract: Provides for the service of a 102 divorce petition.
Present law (C.C.P. Art. 1201) provides that citation and service are required in all civil
actions except summary and executory proceedings, actions for divorce in accordance with
Civil Code Art. 102, and proceedings under the Children's Code.
Proposed law provides that when a 102 divorce petition is filed, service of the petition shall
be requested within 90 days.
Proposed law further provides that a defendant may expressly waive the service requirement
unless he files a declinatory exception of insufficiency of service of process alleging the
failure to timely request service of the petition for divorce.
Proposed law provides that an action for divorce shall be dismissed if service is not timely
requested and a declinatory exception of insufficiency of service is filed.
Proposed law provides for prospective application only.
Proposed law directs the La. State Law Institute to prepare comments to the provisions of
this Act.
(Amends C.C.P. Arts. 925(A)(2) and 1672(C); Adds C.C.P. Art. 3955)