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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. 834
BY REPRESENTATIVE GREENE
DIVORCE: Provides relative to judgments of divorce
AN ACT1
To amend and reenact Civil Code Article 103.1(1)(c) and (2), relative to judgments of2
divorce; to provide relative to a protective order; and to provide for related matters.3
Be it enacted by the Legislature of Louisiana:4
Section 1. Civil Code Article 103.1(1)(c) and (2) are hereby amended and reenacted5
to read as follows: 6
Art. 103.1. Judgment of divorce; time periods7
The requisite periods of time, in accordance with Articles 102 and 103 shall8
be as follows:9
(1) One hundred eighty days:10
* * *11
(c) If, after a contradictory hearing or consent decree, a protective order or12
an injunction has been issued, in accordance with law, against the other spouse to13
protect the spouse seeking the divorce or a child of one of the spouses from abuse.14
and is in effect at the time the petition for divorce is filed.15
(2) Three hundred sixty-five days when there are minor children of the16
marriage at the time the rule to show cause is filed in accordance with Article 10217
or a petition is filed in accordance with Article 103.18
Section 2. This Act shall become effective upon signature by the governor or, if not19
signed by the governor, upon expiration of the time for bills to become law without signature20 HLS 10RS-1604 ENGROSSED
HB NO. 834
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If1
vetoed by the governor and subsequently approved by the legislature, this Act shall become2
effective on the day following such approval.3
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. 834
Abstract: Provides for time periods for divorce judgments.
Present law provides that the time period for a divorce shall be 180 days if, after a
contradictory hearing, a protective order or injunction has been issued and is in effect at the
time the petition for divorce is filed.
Proposed law retains present law regarding the contradictory hearing and additionally
provides that the time period shall be 180 days when, in accordance with a consent decree,
a protective order or injunction has been issued.
Proposed law deletes the requirement that the protective order shall be in effect at the time
the petition for divorce is filed.
Present law provides that the time period for a divorce shall be 365 days if there are minor
children of the marriage.
Proposed law provides that the determination of whether there are minor children of the
marriage occurs at the time the rule to show cause is filed in accordance with C.C. Art. 102
or when the petition is filed in accordance with C.C. Art. 103.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends C.C. Art. 103.1(1)(c) and (2))
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Civil Law and Procedure
to the original bill.
1. Deleted the proposed changes to C.C. Art. 103 regarding living separate and
apart until the judgment of divorce is granted.
2. Deleted the requirement that a protective order shall be in effect at the time the
petition for divorce is filed for the 180 day time period to apply.
3. Specified that the determination regarding whether there are minor children of
the marriage shall be made at the time the rule to show cause is filed in
accordance with C.C. Art. 102 or when a petition is filed in accordance with C.C.
Art. 103.