HLS 10RS-58 ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2010
HOUSE BILL NO. 17
BY REPRESENTATIVE LIGI
DIVORCE: Provides procedures for a Civil Code Article 102 divorce
AN ACT1
To amend and reenact Civil Code Article 159 and to enact Code of Civil Procedure Article2
3955, relative to the procedure for divorce; to provide for the termination of a3
community property regime; to provide with respect to service of a divorce petition;4
and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. Civil Code Article 159 is hereby amended and reenacted to read as7
follows:8
Art. 159. Effect of divorce on community property regime 9
A judgment of divorce terminates a community property regime retroactively10
to the date of filing of the petition in the action in which the judgment of divorce is11
rendered, unless otherwise provided by law. The retroactive termination of the12
community shall be without prejudice to rights of third parties validly acquired in the13
interim between the filing of the petition and recordation of the judgment.14
Section 2. Code of Civil Procedure Article 3955 is hereby enacted to read as follows:15
Art. 3955. Service of petition16
A. When service of the petition for divorce is requested on the defendant17
within ninety days of commencement of the action, the filing date of the petition for18
divorce shall be the termination date of the community property regime.19 HLS 10RS-58 ORIGINAL
HB NO. 17
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
B. When service of the petition is not requested within the time period set1
forth in Paragraph A of this Article, the date of service of the petition on the2
defendant shall be the termination date of the community property regime.3
C. If the defendant is an absentee, the request for appointment of a curator4
ad hoc within ninety days of commencement of the action constitutes compliance5
with the requirements of Paragraph A of this Article.6
Section 3. The provisions of this Act shall be applied prospectively only.7
Section 4. The Louisiana State Law Institute is hereby directed to prepare comments8
to Code of Civil Procedure Article 1201 to direct readers to the provisions of this Act.9
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. 17
Abstract: Provides for the date of termination of the community property regime in C.C.
Art. 102 divorces.
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.
Present law (C.C. Art. 159) provides that termination of the community property regime is
retroactive to the date of filing of the petition for divorce.
Proposed law provides that if service of the petition for divorce is requested within 90 days,
the termination of the community property regime shall be the date of filing of the petition.
Proposed law further provides that if service is not requested within 90 days, the termination
of the community property regime shall be the date of service of the petition for divorce.
Proposed law provides that the request for a curator ad hoc constitutes compliance with
proposed law.
Proposed law provides for prospective application only.
(Amends C.C. Art. 159; Adds C.C.P. Art. 3955)