DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part of the
legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of the law
or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 236 Original 2020 Regular Session Robby Carter
Abstract: Provides for divorce upon the execution and filing of an authentic act establishing that
there are no children of the marriage, that there is no immovable property subject to the
community of acquets and gains, and that the spouses suffer irreconcilable differences.
Present law provides for various grounds for divorce, including proof of the following:
(1)The spouses have been living separate and apart continuously for the requisite period of time,
in accordance with present law (Article 103.1), or more on the date the petition is filed.
(2)The other spouse has committed adultery.
(3)The other spouse has committed a felony and has been sentenced to death or imprisonment
at hard labor.
(4)During the marriage, the other spouse physically or sexually abused the spouse seeking
divorce or a child of one of the spouses, regardless of whether the other spouse was
prosecuted for the act of abuse.
(5)After a contradictory hearing or consent decree, a protective order or an injunction was
issued during the marriage against the other spouse to protect the spouse seeking the divorce
or a child of one of the spouses from abuse.
Proposed law retains present law, and provides for a divorce by the execution and filing of an
authentic act declaring the divorce of the spouses, provided that at the time of execution of the
authentic act declaring the divorce between the spouses, there are no children of the marriage, there
is no immovable property subject to the community of acquets and gains, and the spouses suffer
irreconcilable differences.
Proposed law provides that execution of an authentic act by both spouses alleging the requirements
of proposed law shall constitute full proof of those requirements, and, if the authentic act is filed
with the central vital records registry pursuant to present law (R.S. 40:33 et seq.) within 15 days of
its execution, the filing of the authentic act shall be deemed a final divorce of the spouses.
Proposed law provides that an action to partition community property subsequent to the filing of the
authentic act shall be subject to the procedures set forth in present law (R.S. 9:2801 et seq). (Amends C.C. Art. 103)