HLS 10RS-1603 REENGROSSED
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CODING: Words in struck through type are deletions from existing law; words underscored
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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, upon motion of either spouse,11
may obtain a judgment decreeing separation of property by a rule to show cause may12
be obtained 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
for at least thirty days from the date of, or prior to, the filing of the petition for21
divorce, the judgment shall be effective retroactively to the date the original petition22 HLS 10RS-1603 REENGROSSED
HB NO. 830
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are additions.
for divorce was filed, without prejudice to rights validly acquired in the interim1
between filing of the petition or motion and rendition of judgment. All subsequent2
pleadings or motions involving matters incidental to the divorce must shall be filed3
in the first filed suit.4
Section 2. This Act shall become effective upon signature by the governor or, if not5
signed by the governor, upon expiration of the time for bills to become law without signature6
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If7
vetoed by the governor and subsequently approved by the legislature, this Act shall become8
effective on the day following such approval.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)]
Greene HB No. 830
Abstract: Provides for a judgment of separation of property upon motion of either spouse
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, upon the motion of either spouse, a
judgment of separation of property may be obtained.
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 changes present law to provide that if a judgment is rendered on the ground
the spouses were living separate and apart for at least 30 days from the date of, or prior to,
the filing of the petition for divorce, the judgment shall be retroactive to the date the petition
for divorce was filed.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends C.C. Arts. 2374(C) and 2375(C))
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Civil Law and Procedure
to the original bill.
1. Made the termination date of the community consistent with the date the petition
for divorce is filed regardless of whether the spouses lived separate and apart 30
days from the date of, or prior to, the filing of the petition.