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Regular Session, 2014
SENATE BILL NO. 292
BY SENATOR MORRELL AND REPRESENTATI VE MORENO
DIVORCE. Provides relative to divorce proceedings. (8/1/14)
AN ACT1
To amend and reenact Civil Code Articles 103, 103.1(1), 112(A) and (C), and 113 and to2
enact Civil Code Article 112(B)(9) and 118 and R.S. 9:327, relative to divorce3
proceedings; to provide grounds for immediate divorce, interim support, and final4
support in certain instances involving domestic abuse; and to provide for related5
matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. Civil Code Articles 103, 103.1(1), 112(A) and (C), and 113 are hereby8
amended and reenacted and Civil Code Article 112(B)(9) and 118 are hereby enacted to read9
as follows:10
Art. 103. Judgment of divorce; other grounds11
Except in the case of a covenant marriage, a divorce shall be granted on the12
petition of a spouse upon proof that:13
(1) The spouses have been living separate and apart continuously for the14
requisite period of time, in accordance with Article 103.1, or more on the date the15
petition is filed;.16
(2) The other spouse has committed adultery; or.17 SB NO. 292
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(3) The other spouse has committed a felony and has been sentenced to death1
or imprisonment at hard labor.2
(4) The other spouse has physically or sexually abused the spouse3
seeking divorce or a child of one of the spouses, regardless of whether the other4
spouse was prosecuted for the act of abuse.5
(5) If, after a contradictory hearing or consent decree, a protective order6
or an injunction has been issued, in accordance with law, against the other7
spouse to protect the spouse seeking the divorce or a child of one of the spouses8
from abuse.9
Art. 103.1. Judgment of divorce; time periods10
The requisite periods of time, in accordance with Articles 102 and 103 shall11
be as follows:12
(1) One hundred eighty days : where there are no minor children of the13
marriage.14
(a) Where there are no minor children of the marriage; or15
(b) Upon a finding by the court, pursuant to a rule to show cause, that the16
other spouse has physically or sexually abused the spouse seeking divorce or a child17
of one of the spouses; or18
(c) If, after a contradictory hearing or consent decree, a protective order or19
an injunction has been issued, in accordance with law, against the other spouse to20
protect the spouse seeking the divorce or a child of one of the spouses from abuse.21
(2) Three hundred sixty-five days when there are minor children of the22
marriage at the time the rule to show cause is filed in accordance with Article 10223
or a petition is filed in accordance with Article 103.24
* * *25
Art. 112. Determination of final periodic support26
A. When a spouse has not been at fault prior to the filing of a petition for27
divorce and is in need of support, based on the needs of that party and the ability of28
the other party to pay, that spouse may be awarded final periodic support in29 SB NO. 292
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accordance with Paragraph BC of this Article.1
B. When a spouse has not been at fault prior to the filing of a petition for2
divorce and the court determines that party was the victim of domestic abuse3
committed during the marriage by the other party, that spouse shall be awarded4
final periodic support or a lump sum award, at the discretion of the court, in5
accordance with Paragraph C of this Article.6
C. The court shall consider all relevant factors in determining the amount7
and duration of final support. Those factors may include:8
(1) The income and means of the parties, including the liquidity of such9
means.10
(2) The financial obligations of the parties.11
(3) The earning capacity of the parties.12
(4) The effect of custody of children upon a party's earning capacity.13
(5) The time necessary for the claimant to acquire appropriate education,14
training, or employment.15
(6) The health and age of the parties.16
(7) The duration of the marriage.17
(8) The tax consequences to either or both parties.18
(9) The existence, effect, and duration of any act of domestic abuse19
committed by the other spouse upon the claimant, regardless of whether the20
other spouse was prosecuted for the act of domestic violence.21
C.D. The sum awarded under this Article shall not exceed one-third of the22
obligor's net income; however, where support is awarded pursuant to Paragraph23
B of this Article, the sum awarded may exceed one-third of the obligor's net24
income.25
Art. 113. Interim spousal support allowance pending final spousal support award26
A. Upon motion of a party or when a demand for final spousal support is27
pending, the court may award a party an interim spousal support allowance based on28
the needs of that party, the ability of the other party to pay, and the standard of living29 SB NO. 292
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of the parties during the marriage, which award of interim spousal support allowance1
shall terminate upon the rendition of a judgment of divorce.2
B. If a claim for final spousal support is pending at the time of the rendition3
of the judgment of divorce, the interim spousal support award shall thereafter4
terminate upon rendition of a judgment awarding or denying final spousal support5
or one hundred eighty days from the rendition of judgment of divorce, whichever6
occurs first. The obligation to pay interim spousal support may extend beyond one7
hundred eighty days from the rendition of judgment of divorce, but only for good8
cause shown.9
C. If a claim for final spousal support is pending at the time of the10
rendition of a judgment of divorce pursuant to Article 103, the interim spousal11
support award shall thereafter terminate no less and one hundred eighty days12
from the rendition of a judgment of divorce unless the final spousal award13
exceeds the interim spousal support award.14
* * *15
Art. 118. Other remedies affected16
Failure to bring an action for divorce pursuant to Articles 103(4) or (5)17
or final spousal support pursuant to Article 112(B) shall in no way affect the18
rights of the party to seek other remedies provided by law; however, if a party19
is awarded final spousal support pursuant to Article 112(B), that party shall be20
barred from asserting any claims related to the domestic abuse considered by21
the court in awarding the final spousal support.22
Section 2. R.S. 9:327 is hereby enacted to read as follows:23
ยง327. Determination of domestic abuse for spousal support24
A. In awarding final spousal support pursuant to Civil Code Article25
112(B), the court shall consider any criminal conviction of the obligor spouse for26
an offense committed against the claimant spouse during the course of the27
marriage.28
B. In the absence of a criminal conviction, the court shall order an29 SB NO. 292
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evaluation of both parties to determine the existence and nature of the alleged1
domestic abuse. The evaluation shall be conducted by an independent court-2
appointed mental health professional who is an expert in the field of domestic3
abuse. The mental health professional shall have no family, financial, or prior4
medical relationship with either party or their attorneys of record. The mental5
health professional shall provide the court and the parties with a written report6
of his findings.7
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Angela L. De Jean.
DIGEST
Morrell (SB 292)
Present law (C.C. Art. 103) provides grounds for immediate divorce.
Proposed law adds the following as grounds for immediate divorce:
(1)When a spouse or child has been physically or sexually abused by the other spouse.
(2)When a protective order or injunction has been issued against the other spouse.
Present law (C.C. Art. 103.1) provides required time delays for certain grounds of divorce.
Proposed law deletes the following as grounds for divorce after 180 days have passed:
(1)When a spouse or child has been physically or sexually abused by the other spouse.
(2)When a protective order or injunction has been issued against the other spouse.
Present law (C.C. Art. 112) authorizes the court to award final spousal support and provides
a list of considerations for the court in determining the amount of the final award. Further
limits a final award to an amount not greater than one-third of the obligor's net income.
Proposed law retains present law and requires the court to consider the existence, effect, and
duration of domestic abuse during the marriage in determining a final award amount.
Proposed law requires the court to award final spousal support when the court finds that the
spouse seeking divorce was the victim of domestic abuse committed by the other spouse
during the marriage. Further authorizes the court to award a final award in an amount
greater than one-third of the obligor's net income when the final award is made pursuant to
C.C. Art. 112(B).
Proposed law (R.S. 9:327) requires the court to consider all criminal convictions of the
obligor spouse committed against the obligee spouse during the course of the marriage in
determining whether the obligee was the victim of acts of domestic abuse of the obligor.
Further requires the court to appoint an independent mental health professional who is an
expert in domestic abuse when there are no criminal convictions to evaluate the parties and
submit a report to the court for consideration in determining whether the obligee was the
victim of acts of domestic abuse of the obligor. SB NO. 292
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Effective August 1, 2014.
(Amends C.C. Arts. 103, 103.1(1), 112(A) and (C), and 113; adds C.C. Art. 112(B)(9) and
118 and R.S. 9:327)