CHAPTER 4.  TERMINATION OF MARRIAGE

Art. 101.  Termination of marriage

Marriage terminates upon:

The death of either spouse.

Divorce.

A judicial declaration of its nullity, when the marriage is relatively null.

The issuance of a court order authorizing the spouse of a person presumed dead to remarry, as provided by law.

Acts 1987, No. 886, §1, eff. Jan. 1, 1988; Acts 1990, No. 1009, §1, eff. Jan. 1, 1991.

TITLE V - DIVORCE

CHAPTER 1.  THE DIVORCE ACTION

Art. 102.  Judgment of divorce; living separate and apart prior to rule

Except in the case of a covenant marriage, a divorce shall be granted upon motion of a spouse when either spouse has filed a petition for divorce and upon proof that the requisite period of time, in accordance with Article 103.1, has elapsed from the service of the petition, or from the execution of written waiver of the service, and that the spouses have lived separate and apart continuously for at least the requisite period of time, in accordance with Article 103.1, prior to the filing of the rule to show cause.

The motion shall be a rule to show cause filed after all such delays have elapsed.

Amended by Acts 1952, No. 229, §1; Acts 1958, No. 331; Acts 1990, No. 1009, §2, eff. Jan. 1, 1991; Acts 1991, No. 367, §1; Acts 1993, No. 107, §1; Acts 1995, No. 386, §1; Acts 1997, No. 1380, §1; Acts 2006, No. 743, §1, eff. Jan. 1, 2007.

Art. 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.

Acts 1990, No. 1009, §2, eff. Jan. 1, 1991; Acts 1991, No. 918, §1; Acts 1997, No. 1380, §1; Acts 2006, No. 743, §1, eff. Jan. 1, 2007.

Art. 104.  Reconciliation

The cause of action for divorce is extinguished by the reconciliation of the parties.

Amended by Acts 1979, No. 677, §1; Acts 1980, No. 351, §1; Acts 1990, No. 1009, §2, eff. Jan. 1, 1991.

Art. 105.  Determination of incidental matters

In a proceeding for divorce or thereafter, either spouse may request a determination of 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.

Acts 1984, No. 817, §1; Acts 1990, No. 1009, §2, eff. Jan. 1, 1991.

CHAPTER 2.  PROVISIONAL AND INCIDENTAL

PROCEEDINGS

SECTION 1.  SPOUSAL SUPPORT

Art. 111.  Spousal support; authority of court

In a proceeding for divorce or thereafter, the court may award interim periodic support to a party or may award final periodic support to a party who is in need of support and who is free from fault prior to the filing of a proceeding to terminate the marriage in accordance with the following Articles.

Amended by Acts 1928, No. 130; Acts 1979, No. 72, §1; Acts 1990, No. 361, §1, eff. Jan. 1, 1991; Acts 1997, No. 1078, §1, eff. Jan. 1, 1998; Acts 2006, No. 749, §1, eff. June 30, 2006.

Art. 112.  Determination of final periodic support

A.  When a spouse has not been at fault and is in need of support, based on the needs of that party and the ability of the other party to pay, that spouse may be awarded final periodic support in accordance with Paragraph B of this Article.

B.  The court shall consider all relevant factors in determining the amount and duration of final support.  Those factors may include:

(1)  The income and means of the parties, including the liquidity of such means.

(2)  The financial obligations of the parties.

(3)  The earning capacity of the parties.

(4)  The effect of custody of children upon a party's earning capacity.

(5)  The time necessary for the claimant to acquire appropriate education, training, or employment.

(6)  The health and age of the parties.

(7)  The duration of the marriage.

(8)  The tax consequences to either or both parties.

C.  The sum awarded under this Article shall not exceed one-third of the obligor's net income.

Amended by Acts 1916, No. 247; Acts 1928, No. 21; Acts 1934, 2nd Ex.Sess., No. 27; Acts 1964, No. 48; Acts 1979, No. 72, §1; Acts 1982, No. 293, §1; Acts 1986, No. 229, §1; Acts 1997, No. 1078, §1, eff. Jan. 1, 1998; Acts 2006, No. 749, §1, eff. June 30, 2006.

Art. 113.  Interim spousal support allowance pending final spousal support award

Upon motion of a party or when a demand for final spousal support is pending, the court may award a party an interim spousal support allowance based on the needs of that party, the ability of the other party to pay, and the standard of living of the parties during the marriage, which award of interim spousal support allowance shall terminate upon the rendition of a judgment of divorce.  If a claim for final spousal support is pending at the time of the rendition of the judgment of divorce, the interim spousal support award shall thereafter terminate upon rendition of a judgment awarding or denying final spousal support or one hundred eighty days from the rendition of judgment of divorce, whichever occurs first.  The obligation to pay interim spousal support may extend beyond one hundred eighty days from the rendition of judgment of divorce, but only for good cause shown.

Acts 1997, No. 1078, §1, eff. Jan. 1, 1998; Acts 2001, No. 738, §1; Acts 2003, No. 1092, §1.

Art. 114.  Modification or termination of award of periodic support

An award of periodic support may be modified if the circumstances of either party materially change and shall be terminated if it has become unnecessary.  The subsequent remarriage of the obligor spouse shall not constitute a change of circumstance.

Acts 1997, No. 1078, §1, eff. Jan. 1, 1998; Acts 2001, No. 1049, §1.

Art. 115.  Extinguishment of spousal support obligation

The obligation of spousal support is extinguished upon the remarriage of the obligee, the death of either party, or a judicial determination that the obligee has cohabited with another person of either sex in the manner of married persons.

Acts 1997, No. 1078, §1, eff. Jan. 1, 1998.

Art. 116.  Modification of spousal support obligation

The obligation of final spousal support may be modified, waived, or extinguished by judgment of a court of competent jurisdiction or by authentic act or act under private signature duly acknowledged by the obligee.

Acts 1997, No. 1078, §1, eff. Jan. 1, 1998.

Art. 117.  Peremptive period for obligation

The right to claim after divorce the obligation of spousal support is subject to a peremption of three years.  Peremption begins to run from the latest of the following events:

(1)  The day the judgment of divorce is signed.

(2)  The day a judgment terminating a previous judgment of spousal support is signed, if the previous judgment was signed in an action commenced either before the signing of the judgment of divorce or within three years thereafter.

(3)  The day of the last payment made, when the spousal support obligation is initially performed by voluntary payment within the periods described in Paragraph (1) or (2) and no more than three years has elapsed between payments.

Acts 1997, No. 1078, §1, eff. Jan. 1, 1998.

SECTION 2.  CLAIM FOR CONTRIBUTIONS TO

EDUCATION OR TRAINING

Art. 121.  Claim for contributions to education or training; authority of court

In a proceeding for divorce or thereafter, the court may award a party a sum for his financial contributions made during the marriage to education or training of his spouse that increased the spouse's earning power, to the extent that the claimant did not benefit during the marriage from the increased earning power.

The sum awarded may be in addition to a sum for support and to property received in the partition of community property.

Acts 1990, No. 1008, §2, eff. Jan. 1, 1991; Acts 1991, No. 367, §1.

Art. 122.  Nature of action

The claim for contributions made to the education or training of a spouse is strictly personal to each party.

Acts 1990, No. 1008, §2, eff. Jan. 1, 1991.

Art. 123.  Form of award; effect of remarriage or death

The sum awarded for contributions made to the education or training of a spouse may be a sum certain payable in installments.

The award shall not terminate upon the remarriage or death of either party.

Acts 1990, No. 1008, §2, eff. Jan. 1, 1991.

Art. 124.  Prescription of spousal claim for contributions

The action for contributions made to the education or training of a spouse prescribes in three years from the date of the signing of the judgment of divorce or declaration of nullity of the marriage.

Acts 1990, No. 1008, §2, eff. Jan. 1, 1991.

SECTION 3.  CHILD CUSTODY

Art. 131.  Court to determine custody

In a proceeding for divorce or thereafter, the court shall award custody of a child in accordance with the best interest of the child.

Amended by Acts 1888, No. 124; Acts 1979, No. 718, §1; Acts 1981, No. 283, §1; Acts 1982, No. 307, §1, eff. Jan. 1, 1983; Acts 1983, No. 695, §1; Acts 1984, No. 133, §1; Acts 1984, No. 786, §1; Acts 1986, No. 950, §1, eff. July 14, 1986; Acts 1989, No. 188, §1; Acts 1993, No. 261, §1, eff. Jan. 1, 1994.

Art. 132.  Award of custody to parents

If the parents agree who is to have custody, the court shall award custody in accordance with their agreement unless the best interest of the child requires a different award.

In the absence of agreement, or if the agreement is not in the best interest of the child, the court shall award custody to the parents jointly; however, if custody in one parent is shown by clear and convincing evidence to serve the best interest of the child, the court shall award custody to that parent.

Acts 1992, No. 782, §1; Acts 1993, No. 261, §1, eff. Jan. 1, 1994.

Art. 133.  Award of custody to person other than a parent; order of preference

If an award of joint custody or of sole custody to either parent would result in substantial harm to the child, the court shall award custody to another person with whom the child has been living in a wholesome and stable environment, or otherwise to any other person able to provide an adequate and stable environment.

Acts 1986, No. 966, §1; Acts 1989, No. 546, §1; Acts 1993, No. 261, §1, eff. Jan. 1, 1994.

Art. 134.  Factors in determining child's best interest

The court shall consider all relevant factors in determining the best interest of the child.  Such factors may include:

(1)  The love, affection, and other emotional ties between each party and the child.

(2)  The capacity and disposition of each party to give the child love, affection, and spiritual guidance and to continue the education and rearing of the child.

(3)  The capacity and disposition of each party to provide the child with food, clothing, medical care, and other material needs.

(4)  The length of time the child has lived in a stable, adequate environment, and the desirability of maintaining continuity of that environment.

(5)  The permanence, as a family unit, of the existing or proposed custodial home or homes.

(6)  The moral fitness of each party, insofar as it affects the welfare of the child.

(7)  The mental and physical health of each party.

(8)  The home, school, and community history of the child.

(9)  The reasonable preference of the child, if the court deems the child to be of sufficient age to express a preference.

(10)  The willingness and ability of each party to facilitate and encourage a close and continuing relationship between the child and the other party.

(11)  The distance between the respective residences of the parties.

(12)  The responsibility for the care and rearing of the child previously exercised by each party.

Acts 1988, No. 817, §2, eff. July 18, 1988; Acts 1990, No. 361, §1, eff. Jan. 1, 1991; Acts 1993, No. 261, §1, eff. Jan. 1, 1994.

Art. 135.  Closed custody hearing

A custody hearing may be closed to the public.

Acts 1990, No. 361, §1, eff. Jan. 1, 1991; Acts 1993, No. 261, §1, eff. Jan. 1, 1994.

Art. 136.  Award of visitation rights

A.  A parent not granted custody or joint custody of a child is entitled to reasonable visitation rights unless the court finds, after a hearing, that visitation would not be in the best interest of the child.

B.  Under extraordinary circumstances, a relative, by blood or affinity, or a former stepparent or stepgrandparent, not granted custody of the child may be granted reasonable visitation rights if the court finds that it is in the best interest of the child.  In determining the best interest of the child, the court shall consider:

(1)  The length and quality of the prior relationship between the child and the relative.

(2)  Whether the child is in need of guidance, enlightenment, or tutelage which can best be provided by the relative.

(3)  The preference of the child if he is determined to be of sufficient maturity to express a preference.

(4)  The willingness of the relative to encourage a close relationship between the child and his parent or parents.

(5)  The mental and physical health of the child and the relative.

C.  In accordance with Paragraph B of this Article, extraordinary circumstances may include when a parent is addicted to a controlled dangerous substance.

D.  In the event of a conflict between this Article and R.S. 9:344 or 345, the provisions of the statute shall supersede those of this Article.

Acts 1993, No. 261, §1, eff. Jan. 1, 1994; Acts 1995, No. 57, §1; Acts 2009, No. 379, §2.

Art. 136.1. Award of visitation rights

A child has a right to time with both parents. Accordingly, when a court-ordered schedule of visitation, custody, or time to be spent with a child has been entered, a parent shall exercise his rights to the child in accordance with the schedule unless good cause is shown.  Neither parent shall interfere with the visitation, custody or time rights of the other unless good cause is shown.

Art. 137.  Denial of visitation; felony rape

In a proceeding in which visitation of a child is being sought by a natural parent, if the child was conceived through the commission of a felony rape, the natural parent who committed the felony rape shall be denied visitation rights and contact with the child.

Acts 2001, No. 499, §1.

SECTION 4.  CHILD SUPPORT

Art. 141.  Child support; authority of court

In a proceeding for divorce or thereafter, the court may order either or both of the parents to provide an interim allowance or final support for a child based on the needs of the child and the ability of the parents to provide support.

The court may award an interim allowance only when a demand for final support is pending.

Acts 1993, No. 261, §6, eff. Jan. 1, 1994.

Art. 142.  Modification or termination of child support award

An award of child support may be modified if the circumstances of the child or of either parent materially change and shall be terminated upon proof that it has become unnecessary.

Acts 1993, No. 261, §6, eff. Jan. 1, 1994; Acts 2001, No. 1082, §2.

CHAPTER 3.  EFFECTS OF DIVORCE

Art. 159.  Effect of divorce on community property regime

A judgment of divorce terminates a community property regime retroactively to the date of filing of the petition in the action in which the judgment of divorce is rendered.  The retroactive termination of the community shall be without prejudice to rights of third parties validly acquired in the interim between the filing of the petition and recordation of the judgment.

Amended by Acts 1977, No. 483, §2; Acts 1979, No. 711, §1; Acts 1990, No. 1009, §2, eff. Jan. 1, 1991.

(Make sure to consult a lawyer or check your local laws for any changes.)