HLS 20RS-2245 ENGROSSED
2020 Regular Session
HOUSE RESOLUTION NO. 49
BY REPRESENTATIVE ROBBY CARTER
DIVORCE: Directs the Louisiana State Law Institute to study and make recommendations
relative to divorce by authentic act
1 A RESOLUTION
2To urge and request the Louisiana State Law Institute to study and make specific
3 recommendations for revisions to Louisiana laws in order to implement divorce by
4 authentic act.
5 WHEREAS, although some Louisiana residents may wish to divorce, the expenses
6associated with seeking a divorce under present law can make a divorce cost prohibitive; and
7 WHEREAS, being unable to incur the cost of seeking a divorce, some Louisiana
8residents may instead separate and continue their lives by having children with someone
9other than their spouse, thereby creating a presumption of paternity that must be overcome;
10and
11 WHEREAS, for a couple who is married without children or immovable property,
12there is no legal or practical need to involve the court in the termination of the matrimonial
13regime; and
14 WHEREAS, in certain limited circumstances, it is prudent to enable Louisiana
15residents to secure a divorce without incurring the legal fees and court costs associated with
16a divorce under present law; and
17 WHEREAS, when judicial proceedings are unnecessary, the same legal effects may
18be achieved by authentic act; and
19 WHEREAS, in recognition of the value of providing a means to avoid judicial
20proceedings in certain limited circumstances, the legislature enabled small succession by
21affidavit in Code of Civil Procedure Articles 3431 through 3434; and
Page 1 of 2 HLS 20RS-2245 ENGROSSED
HR NO. 49
1 WHEREAS, for a couple who is married without children or immovable property,
2the law should enable the couple to achieve a divorce through an authentic act.
3 THEREFORE, BE IT RESOLVED that the House of Representatives of the
4Legislature of Louisiana does hereby urge and request the Louisiana State Law Institute to
5study divorce by affidavit and make recommendations, if any, of specific revisions in state
6law to authorize divorce by affidavit when the married couple have no children and own no
7immovable property.
8 BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the
9director of the Louisiana State Law Institute and that the Louisiana State Law Institute report
10its findings and recommendations to the Legislature of Louisiana on or before March 1,
112021.
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)]
HR 49 Engrossed 2020 Regular Session Robby Carter
Requests the La. State Law Institute to study specific revisions in state law to authorize
divorce by affidavit and to report its findings and recommendations to the legislature no later
than March 1, 2021.
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Civil Law and
Procedure to the original bill:
1. Change "authorize and direct" to "urge and request".
2. Change the La. State Law Institute's reporting requirement from Jan. 1, 2021, to
March 1, 2021.
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