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ACT No. 603
Regular Session, 2010
HOUSE BILL NO. 830
BY REPRESENTATIVE GREENE
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
for divorce was filed, without prejudice to rights validly acquired in the interim23
between filing of the petition or motion and rendition of judgment. All subsequent24 ENROLLEDHB NO. 830
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pleadings or motions involving matters incidental to the divorce must shall be filed1
in the first filed suit.2
Section 2. This Act shall become effective upon signature by the governor or, if not3
signed by the governor, upon expiration of the time for bills to become law without signature4
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If5
vetoed by the governor and subsequently approved by the legislature, this Act shall become6
effective on the day following such approval.7
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: