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Regular Session, 2014
SENATE BILL NO. 292
BY SENATORS MORRELL, ALARIO, APPEL, BROOME, BROWN, BUFFINGTON,
DORSEY-COLOMB, HEITMEIER, LAFLEUR, LONG, MILLS,
MURRAY, NEVERS, PETERSON, GARY SMITH, TARVER AND
WARD 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, 112, and 113 and to enact Civil Code2
Article 118 and R.S. 9:327, relative to divorce proceedings; to provide grounds for3
immediate divorce, interim support, and final support in certain instances involving4
domestic abuse; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. Civil Code Articles 103, 103.1, 112, and 113 are hereby amended and7
reenacted and Civil Code Article 118 is hereby enacted to read as follows:8
Art. 103. Judgment of divorce; other grounds9
Except in the case of a covenant marriage, a divorce shall be granted on the10
petition of a spouse upon proof that:11
(1) The spouses have been living separate and apart continuously for the12
requisite period of time, in accordance with Article 103.1, or more on the date the13
petition is filed;.14
(2) The other spouse has committed adultery; or.15
(3) The other spouse has committed a felony and has been sentenced to death16
or imprisonment at hard labor.17 SB NO. 292
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(4) The other spouse has physically or sexually abused the spouse1
seeking divorce or a child of one of the spouses, regardless of whether the other2
spouse was prosecuted for the act of abuse.3
(5) After a contradictory hearing or consent decree, a protective order4
or an injunction has been issued, in accordance with law, against the other5
spouse to protect the spouse seeking the divorce or a child of one of the spouses6
from abuse.7
Art. 103.1. Judgment of divorce; time periods8
The requisite periods of time, in accordance with Articles 102 and 103 shall9
be as follows:10
(1) One hundred eighty days : where there are no minor children of the11
marriage.12
(a) Where there are no minor children of the marriage; or13
(b) Upon a finding by the court, pursuant to a rule to show cause, that the14
other spouse has physically or sexually abused the spouse seeking divorce or a child15
of one of the spouses; or16
(c) If, after a contradictory hearing or consent decree, a protective order or17
an injunction has been issued, in accordance with law, against the other spouse to18
protect the spouse seeking the divorce or a child of one of the spouses from abuse.19
(2) Three hundred sixty-five days when there are minor children of the20
marriage at the time the rule to show cause is filed in accordance with Article 10221
or a petition is filed in accordance with Article 103.22
* * *23
Art. 112. Determination of final periodic support24
A. When a spouse has not been at fault prior to the filing of a petition for25
divorce and is in need of support, based on the needs of that party and the ability of26
the other party to pay, that spouse may be awarded final periodic support in27
accordance with Paragraph BC of this Article.28
B. When a spouse has not been at fault prior to the filing of a petition for29 SB NO. 292
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divorce and the court determines that party was the victim of domestic abuse1
committed during the marriage by the other party, that spouse shall be awarded2
final periodic support or a lump sum award, at the discretion of the court, in3
accordance with Paragraph C of this Article.4
C. The court shall consider all relevant factors in determining the amount5
and duration of final support. Those factors may include, including:6
(1) The income and means of the parties, including the liquidity of such7
means.8
(2) The financial obligations of the parties.9
(3) The earning capacity of the parties.10
(4) The effect of custody of children upon a party's earning capacity.11
(5) The time necessary for the claimant to acquire appropriate education,12
training, or employment.13
(6) The health and age of the parties.14
(7) The duration of the marriage.15
(8) The tax consequences to either or both parties.16
(9) The existence, effect, and duration of any act of domestic abuse17
committed by the other spouse upon the claimant, regardless of whether the18
other spouse was prosecuted for the act of domestic violence.19
C.D. The sum awarded under this Article shall not exceed one-third of the20
obligor's net income; however, where support is awarded pursuant to Paragraph21
B of this Article, the sum awarded may exceed one-third of the obligor's net22
income.23
Art. 113. Interim spousal support allowance pending final spousal support award24
A. Upon motion of a party or when a demand for final spousal support is25
pending, the court may award a party an interim spousal support allowance based on26
the needs of that party, the ability of the other party to pay, and the standard of living27
of the parties during the marriage, which award of interim spousal support allowance28
shall terminate upon the rendition of a judgment of divorce.29 SB NO. 292
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B. If a claim for final spousal support is pending at the time of the rendition1
of the judgment of divorce, the interim spousal support award shall thereafter2
terminate upon rendition of a judgment awarding or denying final spousal support3
or one hundred eighty days from the rendition of judgment of divorce, whichever4
occurs first. The obligation to pay interim spousal support may extend beyond one5
hundred eighty days from the rendition of judgment of divorce, but only for good6
cause shown.7
C. Notwithstanding Paragraph B of this Article, if a claim for final8
spousal support is pending at the time of the rendition of a judgment of divorce9
pursuant to Article 103, the interim spousal support award shall thereafter10
terminate no less than one hundred eighty days from the rendition of a11
judgment of divorce unless the final spousal award exceeds the interim spousal12
support award.13
* * *14
Art. 118. Other remedies affected15
Failure to bring an action for divorce pursuant to Article 103(4) or (5)16
or final spousal support pursuant to Article 112(B) shall in no way affect the17
rights of the party to seek other remedies provided by law; however, if a party18
is awarded final spousal support pursuant to Article 112(B), that party shall be19
barred from asserting any claims related to the domestic abuse considered by20
the court in awarding the final spousal support.21
Section 2. R.S. 9:327 is hereby enacted to read as follows:22
ยง327. Determination of domestic abuse for spousal support23
A. In awarding final spousal support pursuant to Civil Code Article24
112(B), the court shall consider any criminal conviction of the obligor spouse for25
an offense committed against the claimant spouse during the course of the26
marriage.27
B. In the absence of a criminal conviction, the court may order an28
evaluation of both parties that may be used to assist the court in determining29 SB NO. 292
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the existence and nature of the alleged domestic abuse. The evaluation shall be1
conducted by an independent court-appointed mental health professional who2
is an expert in the field of domestic abuse. The mental health professional shall3
have no family, financial, or prior medical relationship with either party or4
their attorneys of record. The mental health professional shall provide the5
court and the parties with a written report of his findings.6
The original instrument was prepared by Angela Lockett De Jean. The
following digest, which does not constitute a part of the legislative
instrument, was prepared by Jerry G. Jones.
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 provides for rights to seek other remedies. However, if a party is awarded final
spousal support pursuant to proposed law, that party shall be barred from asserting any
claims related to the domestic abuse considered by the court in awarding final spousal
support.
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 provides that in the absence of a criminal conviction, the court may order an SB NO. 292
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evaluation of both parties which may be used to assist the court in determining the existence
and nature of the alleged domestic abuse. Such evaluation shall be conducted by an
independent mental health professional who is an expert in the field of domestic abuse.
Effective August 1, 2014.
(Amends C.C. Arts. 103, 103.1, 112, and 113; adds C.C. Art. 118 and R.S. 9:327)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary A to the
original bill
1. Technical.
2. Changes "shall order" to "may order" in court's authority to order an
evaluation of both parties to assist the court in determining the existence of
domestic abuse.