HLS 10RS-1603 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. 830
BY REPRESENTATIVE GREENE
PROPERTY/COMMUNI TY: Provides for the separation of community property
AN ACT1
To amend and reenact Civil Code Articles 2374(C) and 2375(C), relative to community2
property; to provide for the separation of community property; to provide for the3
procedure; to provide for the effectiveness of a judgment decreeing separation of4
property; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. Civil Code Articles 2374(C) and 2375(C) are hereby amended and7
reenacted to read as follows: 8
Art. 2374. Judgment of separation of property9
* * *10
C. When a petition for divorce has been filed, either spouse may obtain a11
judgment decreeing separation of property, by a rule to show cause or joint motion12
and affidavits and upon proof that the spouses have lived separate and apart without13
reconciliation for at least thirty days from the date of, or prior to, the filing of the14
petition for divorce and have not reconciled.15
* * *16
Art. 2375. Effect of judgment17
* * *18
C. If a judgment is rendered on the ground that the spouses were living19
separate and apart after the filing of a petition for divorce without having reconciled20 HLS 10RS-1603 ORIGINAL
HB NO. 830
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
or if judgment is rendered on the ground that the spouses lived separate and apart for1
at least thirty days prior to the filing of a petition for divorce, the judgment shall be2
effective retroactively to the date the original petition for divorce was filed, without3
prejudice to rights validly acquired in the interim between filing of the petition or4
motion and rendition of judgment. All subsequent pleadings or motions involving5
matters incidental to the divorce must shall be filed in the first filed suit.6
Section 2. This Act shall become effective upon signature by the governor or, if not7
signed by the governor, upon expiration of the time for bills to become law without signature8
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If9
vetoed by the governor and subsequently approved by the legislature, this Act shall become10
effective on the day following such approval.11
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)]
Greene HB No. 830
Abstract: Provides for a judgment of separation of property on joint motion and affidavits
and provides for the effect of the judgment.
Present law provides that when a petition for divorce is filed, either spouse may obtain a
separation of property decree by a rule to show cause and proof of living separate and apart.
Proposed law retains present law and provides that the spouses may obtain the decree by
joint motion and affidavits.
Present law provides that if a separation of property judgment is rendered on the ground that
the spouses were living separate and apart after filing for divorce, the judgment shall be
effective retroactively to the filing date of the original divorce petition.
Proposed law retains present law and also provides for a retroactive effective date of the
judgment if it is rendered on the ground that the spouses lived separate and apart for at least
30 days prior to filing the divorce petition.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends C.C. Arts. 2374(C) and 2375(C))