What is the Difference Between a 102 and a 103 No-fault Divorce in Louisiana?

The Differences Between a 102 and a 103 No-fault Divorce in Louisiana

A “102 Divorce” refers to a divorce obtained under Louisiana Civil Code Article 102, while a “103 Divorce” refers to a divorce obtained under Louisiana Civil Code Article 103. The full text of each article can be found near the end of this post. Both a 102 divorce and a 103 divorce are referred to a no-fault divorce.

A 102 Divorce   

To obtain a 102 divorce or a 103 divorce, one spouse to the marriage must file a petition in a family court.  A 102 divorce is filed by those parties who have not been physically separated for more than six months (180 days). If the couple has minor children of the marriage, the waiting period for a 102 divorce is 365 days (1 year). After the other party has been served with the petition and after the six months or twelve months waiting period has passed, the party who filed for a divorce (the plaintiff) must file a motion with the court asking that the divorce be granted. Then, there is a hearing before the judge where the plaintiff must prove to the judge that the parties have lived separate and apart for at least 180 days or for 365 days since the service of the petition, or from the execution of written waiver of the service.

A 103 Divorce

A 103 Divorce is filed when the parties have been physically separated for 180 days or longer on the date the petition is filed. However, if the parties have minor children of the marriage, the parties must have been separated for 365 days or longer. After the other party has been served with the petition and after the six months or twelve months waiting period has passed, the plaintiff must file a motion for a preliminary default with the court. Then, the default can be confirmed by an in court appearance by the plaintiff or with an affidavit.  After the confirmation of the default judgment, the judge will issue the Judgment of Divorce.

Louisiana Civil Code 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.

Louisiana Civil Code  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.

(3) The other spouse has committed a felony and has been sentenced to death or imprisonment at hard labor.

(4) During the marriage, the other spouse physically or sexually abused the spouse seeking divorce or a child of one of the spouses, regardless of whether the other spouse was prosecuted for the act of abuse.

(5) After a contradictory hearing or consent decree, a protective order or an injunction was issued during the marriage, 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.

 

If you are in need of a family or divorce mediator, please contact Conflict Free Divorce today at 504-302-2194 for an appointment so that we can proceed to resolve the matters related to a divorce such as custody and visitation, child support, spousal support, community property allocation, asset distribution, and division of liabilities of the marriage. While a family mediator cannot grant a divorce, he can work with the parties to settle all of the other issues related to a separation or divorce. We will work around your schedule.

This information has been provided for informational purposes only and is not intended and should not be construed to constitute legal advice. Please consult your attorney in connection with any specific situation under federal and/or Louisiana law and the applicable state or local laws that may impose additional obligations on you and/or your family member. © 2018 ConflictFreeDivorce.net. Published  September 8, 2018.

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