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.
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)