Article 102 Divorce A divorce sought or granted based on living separate and apart as required by Louisiana Civil Code article 102. To get an article 102 divorce, after either spouse files a petition for divorce, the spouses have to live separate and apart for either 180 or 365 days if they have minor children. After the 180 or 365 days, either spouse can file a "Rule to Show Cause for 102 Divorce," and the Court will set a hearing. After the hearing, if the parties meet the requirements, the Court will grant a judgment of divorce.
Article 103 Divorce A divorce sought or granted based on the grounds listed in Louisiana Civil Code article 103. When no spouse is at fault, spouses can get an article 103(1) divorce if, at the time the petition for divorce is filed, they have already lived separate and apart for either 180 days or 365 days if they have minor children. Article 103 also allows for divorce based on the fault of a spouse
Temporary Restraining Order A temporary restraining order is an order issued by the Court that prohibits a party from doing a certain act. A temporary restraining order can be requested and granted without a hearing, in some circumstances.
Fault In the context of a divorce, fault means adultery, domestic violence, or having been sentenced to hard labor after being convicted of a felony criminal offense. Read this article for more detailed information about fault-based divorce.
Incidental Matters In a divorce case, incidental matters are other issues that the Court can address in the divorce case. Incidental matters include "custody, visitation, or support of a minor child; support for a spouse; injunctive relief; use and occupancy of the family home or use of community movables or immovables; or use of personal property." Check out our Guide to Incidental Matters for more information.
Rule to Show Cause A Rule to Show Cause is another name for a motion in a summary proceeding. Learn more about how to ask the Court to make a decision on incidental matters by filing a rule to show cause.
Consent Judgment A Consent Judgment is when the Court approves an agreement made between parties to settle the pending issues. It has the same effect as any other judgment of the Court, but it also represents a compromise between the parties.
Considered Judgment A Considered Judgment is a judgment of the Court rendered after a hearing or trial. It is based on the Court's consideration of the evidence and the law that applies to the issues the Court was asked to decide.
Former Matrimonial Domicile The house where spouses lived together as married people, once spouses have physically separated, is the former matrimonial domicile.
Property Injunction A property injunction is another term for a temporary restraining order or a permanent restraining order that prohibits either spouse from alienating, encumbering, or disposing of community property during a divorce and until the property is partitioned. Learn more about property injunctions.
Reconciliation is a defense to divorce. When used in divorce proceedings, the term reconciliation means to start living together again with the intent to remain married. A spouse must ask the Court to make a finding of fact to determine whether a reconciliation has occurred. Learn more about reconciliation.
Matrimonial Regime A matrimonial regime is a system of rules that control the ownership and management of the property of married persons as between themselves and toward third persons. A matrimonial regime can be determined by the law, by a contract, or partly by the law and partly by a contract. In Louisiana, the legal regime is "the community of acquets and gains," more commonly called a community property regime. Unless spouses enter into a matrimonial contract, the legal regime applies to their marriage.
Property Partition (Partition of Property) A property partition is the process used to divide the former spouses' community and separate property between each spouse. Learn more about partition.
Community property is certain property acquired during the marriage that is classified as owned by both spouses together, or co-owned. Learn more about community property.
Separate property is certain property acquired by a person, usually outside of a marriage, that is classified as owned by one spouse. Some property acquired during a marriage can be separate property. Learn more about separate property.