Article 102

Judgment of divorce; living separate and apart prior to rule ACTIVE

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.

Actions

References

Cited by

History

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

Article navigation

Cite Article 102

Bluebook
La. Civ. Code art. 102 (2026).
Permalink
https://theusufruct.com/cc/102
BibTeX
@misc{lacivcode-art-102,
  title        = {La. Civ. Code art. 102},
  howpublished = {Louisiana Civil Code},
  year         = {2026},
  url          = {https://theusufruct.com/cc/102},
  note         = {Snapshot 2026-05-22}
}