LOUISIANA LEGAL SERVICES AND PRO BONO DESK MANUAL 2013

FAMILY LAW
• Client lives with spouse and needs exclusive use of marital home or
property
• An article 102 divorce, depending on facts, may extend period for
interim spousal support
• Risk of kidnapping and flight—immediate custody order needed
• Child removed from Louisiana and home state jurisdiction needs to be
preserved
• An earlier termination of community property regime is sought
Factors that may weigh against an article 102 divorce are:
• Required separation period may be longer than for an article 103 divorce
(e.g., a spouse who is close to meeting the separation period for an article
103 divorce will extend the required separation period by filing an
article 102 divorce)
• Additional costs for filing and serving the final Rule to Show Cause
• The required service for the final Rule to Show Cause may be expensive
or impossible and cause greater delays and costs to client (note: service
on out-of-state defendants will require at least 30 days notice and may
entail foreign state fees which can’t be waived for paupers)
• If the other spouse is convicted of a felony after the marriage, there may
be immediate grounds for an article 103 divorce.
5.5 DIVORCE UNDER CIVIL CODE ARTICLE 102
5.5.1 Overview of article 102 divorces
An article 102 divorce petition may be filed if the client has not been separated
long enough for an article 103 divorce. An article 102 divorce may be filed even if
the parties are still living together. However, the petition must be personally served
on the defendant if the parties still live together. The petitioner may not obtain an
article 102 divorce judgment until the required period has elapsed, which is either
180 or 365 days from the service of the original divorce petition or execution of
waiver of service. The divorce is obtained by filing a Rule to Show Cause after the
required separation periods have elapsed from the divorce petition. The required
periods for an article 102 divorce cannot be waived. A divorce suit under article
102 is abandoned (dismissed) if the Rule to Show Cause is not filed within two
years of service of the original petition or execution of the waiver of service.
5.5.2 How do I get an article 102 divorce?
The requirements for an article 102 divorce are:
1. A divorce petition
2. Physical separation (without reconciliation) for either 180 or 365 days
after service of the divorce petition
3. Physical separation (without reconciliation) for either 180 or 365 days
before the final Rule to Show Cause is filed
4. A Rule to Show Cause, with required affidavits, filed within 2 years of
the service of the original divorce petition or execution of the waiver of
service
(303)