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 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.