Louisiana 2017 Regular Session

Louisiana House Bill HB136

Introduced
3/27/17  
Introduced
3/27/17  
Refer
3/27/17  
Refer
3/27/17  
Refer
4/10/17  
Refer
4/10/17  
Report Pass
4/18/17  

Caption

Provides for the time periods for no-fault divorce and interim spousal support

Impact

The implications of HB 136 are twofold: it simplifies the divorce process by reducing the waiting time required to file for a final divorce and modifies interim spousal support provisions. Under this bill, interim spousal support is set to terminate 180 days after the judgment of divorce, aligning with the new waiting period. In cases where a claim for final spousal support is pending at the time of divorce, the termination timeline is flexible but still closely tied to the divorce judgment. This reform may significantly affect the financial arrangements between divorcing spouses, possibly highlighting an emphasis on fairness during the transitional period post-divorce.

Summary

House Bill 136 introduces significant changes to the divorce process in Louisiana by establishing a 180-day waiting period for no-fault divorces. Previously, the law established a one-year separation period for couples with children, while this bill applies the new waiting period universally to all married couples, regardless of whether they have children. This shift is designed to streamline the divorce process and is intended to be more in line with national trends where shorter waiting periods are becoming common. As a result, the bill aims to make it easier for couples to obtain a divorce without a lengthy separation period.

Sentiment

The sentiment around HB 136 appears mixed among legislators and stakeholders. Proponents of the bill see it as a necessary modernization of the divorce laws that will reduce unnecessary delays and benefit individuals seeking to move on with their lives. On the other hand, some critics express concerns over the potential impacts of a shortened waiting period, fearing it may undermine the reconciliation opportunities for couples that might otherwise be encouraged by a longer separation. The sentiments indicate a division between those advocating for expedited processes and advocates for longer reflection periods before finalizing divorces.

Contention

Notable points of contention include the reduction of the separation period for no-fault divorce and how it may possibly affect the decision-making of couples contemplating divorce. Some argue that while the bill provides a modern framework for divorce proceedings, it may lead to hasty decisions instead of thoughtful resolutions. Additionally, the modification of interim spousal support rules has sparked discussions regarding financial fairness and the responsibilities of both parties during the separation period. Overall, while the bill seeks efficiency, it also raises questions about the balance between expediting processes and protecting the interests of marginalized spouses in divorce scenarios.

Companion Bills

No companion bills found.

Previously Filed As

LA HB125

Provides relative to divorce and spousal support

LA SB292

Provides relative to divorce proceedings. (8/1/14) (EN SEE FISC NOTE See Note)

LA HB749

Provides relative to divorce proceedings

LA HB300

Provides with respect to interim and final spousal support (EN NO IMPACT See Note)

LA HB77

Amends criteria for awarding final periodic spousal support

LA HB123

Amends provisions of law regarding divorce

LA HB834

Provides relative to judgments of divorce

LA HB1037

Spousal support; and to provide for application.

LA SB2069

Spousal support; and to provide for application.

LA HB236

Provides relative to divorce

Similar Bills

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AZ HB2297

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CA AB1119

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CA AB905

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CA SB642

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VA HB1234

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