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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2014 ENROLLED
SENATE BILL NO. 292
BY SENATORS MORRELL, ALARIO, APPEL, BROOME, BROWN, BUFFINGTON,
DORSEY-COLOMB, HEITMEIER, LAFLEUR, LONG, MILLS,
MURRAY, NEVERS, PETERSON, GARY SMI TH, TARVER AND
WARD AND REPRESENTATIVES ADAMS, WESLEY BISHOP,
BURRELL, HAZEL, HOWARD, JAMES, JOHNSON, LAMBERT,
MORENO, THIBAUT AND WILLMOTT
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
(4) The other spouse has physically or sexually abused the spouse18
seeking divorce or a child of one of the spouses, regardless of whether the other19
spouse was prosecuted for the act of abuse.20
(5) After a contradictory hearing or consent decree, a protective order21
or an injunction has been issued, in accordance with law, against the other22
spouse to protect the spouse seeking the divorce or a child of one of the spouses23
from abuse.24
ACT No. 316 SB NO. 292 ENROLLED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Art. 103.1. Judgment of divorce; time periods1
The requisite periods of time, in accordance with Articles 102 and 103 shall2
be as follows:3
(1) One hundred eighty days : where there are no minor children of the4
marriage.5
(a) Where there are no minor children of the marriage; or6
(b) Upon a finding by the court, pursuant to a rule to show cause, that the7
other spouse has physically or sexually abused the spouse seeking divorce or a child8
of one of the spouses; or9
(c) If, after a contradictory hearing or consent decree, a protective order or10
an injunction has been issued, in accordance with law, against the other spouse to11
protect the spouse seeking the divorce or a child of one of the spouses from abuse.12
(2) Three hundred sixty-five days when there are minor children of the13
marriage at the time the rule to show cause is filed in accordance with Article 10214
or a petition is filed in accordance with Article 103.15
* * *16
Art. 112. Determination of final periodic support17
A. When a spouse has not been at fault prior to the filing of a petition for18
divorce and is in need of support, based on the needs of that party and the ability of19
the other party to pay, that spouse may be awarded final periodic support in20
accordance with Paragraph BC of this Article.21
B. When a spouse has not been at fault prior to the filing of a petition for22
divorce and the court determines that party was the victim of domestic abuse23
committed during the marriage by the other party, that spouse shall be awarded24
final periodic support or a lump sum award, at the discretion of the court, in25
accordance with Paragraph C of this Article.26
C. The court shall consider all relevant factors in determining the amount27
and duration of final support. Those factors may include, including:28
(1) The income and means of the parties, including the liquidity of such29
means.30 SB NO. 292 ENROLLED
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(2) The financial obligations of the parties.1
(3) The earning capacity of the parties.2
(4) The effect of custody of children upon a party's earning capacity.3
(5) The time necessary for the claimant to acquire appropriate education,4
training, or employment.5
(6) The health and age of the parties.6
(7) The duration of the marriage.7
(8) The tax consequences to either or both parties.8
(9) The existence, effect, and duration of any act of domestic abuse9
committed by the other spouse upon the claimant, regardless of whether the10
other spouse was prosecuted for the act of domestic violence.11
C.D. The sum awarded under this Article shall not exceed one-third of the12
obligor's net income; however, where support is awarded pursuant to Paragraph13
B of this Article, the sum awarded may exceed one-third of the obligor's net14
income.15
Art. 113. Interim spousal support allowance pending final spousal support award16
A. Upon motion of a party or when a demand for final spousal support is17
pending, the court may award a party an interim spousal support allowance based on18
the needs of that party, the ability of the other party to pay, and the standard of living19
of the parties during the marriage, which award of interim spousal support allowance20
shall terminate upon the rendition of a judgment of divorce.21
B. If a claim for final spousal support is pending at the time of the rendition22
of the judgment of divorce, the interim spousal support award shall thereafter23
terminate upon rendition of a judgment awarding or denying final spousal support24
or one hundred eighty days from the rendition of judgment of divorce, whichever25
occurs first. The obligation to pay interim spousal support may extend beyond one26
hundred eighty days from the rendition of judgment of divorce, but only for good27
cause shown.28
C. Notwithstanding Paragraph B of this Article, if a claim for final29
spousal support is pending at the time of the rendition of a judgment of divorce30 SB NO. 292 ENROLLED
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pursuant to Article 103(4) or (5) and the final spousal support award does not1
exceed the interim spousal support award, the interim spousal support award2
shall thereafter terminate no less than one hundred eighty days from the3
rendition of judgment of divorce. The obligation to pay final spousal support4
shall not begin until after an interim spousal support award has terminated.5
* * *6
Art. 118. Other remedies affected7
Failure to bring an action for divorce pursuant to Article 103(4) or (5)8
or final spousal support pursuant to Article 112(B) shall in no way affect the9
rights of the party to seek other remedies provided by law.10
Section 2. R.S. 9:327 is hereby enacted to read as follows:11
ยง327. Determination of domestic abuse for spousal support12
A. In awarding final spousal support pursuant to Civil Code Article13
112(B), the court shall consider any criminal conviction of the obligor spouse for14
an offense committed against the claimant spouse during the course of the15
marriage.16
B. In the absence of a criminal conviction, the court may order an17
evaluation of both parties that may be used to assist the court in determining18
the existence and nature of the alleged domestic abuse. The evaluation shall be19
conducted by an independent court-appointed mental health professional who20
is an expert in the field of domestic abuse. The mental health professional shall21
have no family, financial, or prior medical relationship with either party or22
their attorneys of record. The mental health professional shall provide the23
court and the parties with a written report of his findings.24
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: