Divorce under Louisiana Civil Code Article 103
IMPORTANT: You are responsible for checking to confirm that the statutes and court rules given below have not changed in substance before you file your documents.
All current Louisiana Law can be found at the Louisiana Legislature website:
http://www.legis.la.gov/legis/lawsearch.aspx - http://www.legis.la.gov/legis/lawsearch.aspx
Current Rules of Court for the East Baton Rouge Parish Family Court:
The Family Court - East Baton Rouge Parish - Louisiana - http://www.familycourt.org
A copy of the Family Law Handbook by Triche, used by most Louisiana family law attorneys, can usually be found in Louisiana public libraries. There is also a free legal library in New Orleans that provides access to many law books.
The Baton Rouge Bar Association in cooperation with the Family Court of East Baton Rouge Parish, Louisiana sponsors a self-help desk where you can get free forms and personal instruction for filling them out and filing them. Although they do not represent or advise you, attorneys are available to notarize affidavits, waivers, and other necessary documents.
Louisiana Civil Code Article 103. Judgment of divorce; other grounds
Except in the case of a covenant marriage, a divorce shall be granted on the petition of a spouse upon proof that:
(1) The spouses have been living separate and apart continuously for the requisite period of time, in accordance with Article 103.1, or more on the date the petition is filed;
(2) The other spouse has committed adultery; or
(3) The other spouse has committed a felony and has been sentenced to death or imprisonment at hard labor.
Art. 103.1. Judgment of divorce; time periods
The requisite periods of time, in accordance with Articles 102 and 103 shall be as follows:
(1) One hundred eighty days:
(a) Where there are no minor children of the marriage; or
(b) Upon a finding by the court, pursuant to a rule to show cause, that the other spouse has physically or sexually abused the spouse seeking divorce or a child of one of the spouses; or
(c) If, after a contradictory hearing or consent decree, a protective order or an injunction has been issued, in accordance with law, against the other spouse to protect the spouse seeking the divorce or a child of one of the spouses from abuse.
(2) Three hundred sixty-five days when there are minor children of the marriage at the time the rule to show cause is filed in accordance with Article 102 or a petition is filed in accordance with Article 103.
[From Family Law Handbook edited by Triche (available at most public libraries)]
A. Forms for Divorce Obtained by Default
A default judgment in an action for divorce under LSA—C.C. art. 103(1) (living apart for six months) may be confirmed without a hearing after the entry of a preliminary default, if NO ANSWER has been filed, upon submission of the PLAINTIFF’s affidavit “specifically attesting to and testifying as to the truth of all of the factual allegations continued in the petition.” The Family Court Rules of Court for the 19th Judicial District require the petition be verified. Rule 24 [Rule 23?]. The PLAINTIFF must also submit the original and at least one copy of the proposed final judgment. The judge may either sign the judgment or direct that a hearing be held. LSA—C.C.P. art. 1702(E)
CCP Art. 1702. Confirmation of default judgment
A. A judgment of default must be confirmed by proof of the demand sufficient to establish a prima facie case. If no answer is filed timely, this confirmation may be made after two days, exclusive of holidays, from the entry of the judgment of default. When a judgment of default has been entered against a party that is in default after having made an appearance of record in the case, notice of the date of the entry of the judgment of default must be sent by certified mail by the party obtaining the judgment of default to counsel of record for the party in default, or if there is no counsel of record, to the party in default, at least seven days, exclusive of holidays, before confirmation of the judgment of default.
E. Notwithstanding any other provisions of law to the contrary, when the demand is for divorce under Civil Code Article 103(1), whether or not the demand contains a claim for relief incidental or ancillary thereto, a hearing in open court shall not be required unless the judge, in his discretion, directs that a hearing be held. The plaintiff shall submit to the court an affidavit specifically attesting to and testifying as to the truth of all of the factual allegations contained in the petition, the original and not less than one copy of the proposed final judgment, and a certification which shall indicate the type of service made on the defendant, the date of service, the date a preliminary default was entered, and a certification by the clerk that the record was examined by the clerk, including the date of the examination, and a statement that no answer or other opposition has been filed. If no answer or other pleading has been filed by the defendant, the judge shall, after two days, exclusive of holidays, of entry of a preliminary default, review the affidavit, proposed final judgment, and certification, render and sign the judgment, or direct that a hearing be held. The minutes shall reflect rendition and signing of the judgment.
East Baton Rouge Parish Family Court -- Rules of Court:
RULE 23. CONFIRMATION OF DEFAULTS AND UNCONTESTED MATTERS
UNDER ARTICLE 103 OF THE CIVIL CODE IN ACCORDANCE WITH
C.C.P. 969 AND 1702E
Section 1. This rule unless permission is granted otherwise, applies to:
A. To all suits filed on or after 9-1-87;
B. To all suits for divorce under Article 103 of the Civil Code; and
C. To all confirmations of default judgments and all uncontested suits under
the above previous (1) and (2).
Section 2. DEFAULT CONFIRMATIONS UNDER ARTICLE 1702 E C.C.P.
A. To confirm a preliminary default, plaintiff must submit:
(1). A petition;
(2). An affidavit executed by the petitioner within 30 days of rendering the
judgment of the petitioner specifically testifying as to facts sufficient to obtain a divorce; and
(3). The original and one copy of the proposed judgment.
B (1). Individuals representing themselves must appear in open court to obtain a judgment of divorce.
(2). These documents must be filed with the Court's docket clerks of the
proper division with a cover letter indicating the action desired and
Divorce Form 1. Judgment will be signed and will include any ancillary
relief stipulated to in the judgment.
C. If other relief is sought in addition to the divorce, the entire case must be fixed for hearing as provided by Rule 4, unless petitioner furnishes a sworn affidavit of defendant stipulating to the other relief.
Section 3. UNCONTESTED DIVORCES UNDER ARTICLE 969 C.C.P.
A. If all parties are represented by retained counsel, and an answer has been filed, the petitioner or defendant in an uncontested case, shall submit to the court:
(1). A written joint stipulation of facts, request for judgment, and a sworn
verification by each party; and
(2). A proposed judgment containing a certification signed by both attorneys that each attorney and party agrees to the judgment’s terms.
B. Individuals representing themselves must appear in open court to obtain a
judgment of divorce.
C. These documents must be filed with the Courts' docket clerks of the proper
division with a cover letter indicating the action desired and Divorce Form 2.
Judgment will be signed and will include any ancillary relief stipulated in the
judgment.
D. The proposed judgment may contain relief other than a divorce if signed by both parties.
E. If other relief is sought but not stipulated to, the judgment shall reserve the
parties' right to fix those matters for trial.