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Art. 103. Judgment of divorce; other grounds


Published: 2015

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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.

            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; Acts 2014, No. 316, §1; Acts 2015, No.

221, §1.

            NOTE: See Acts 2015, No. 221, §4, regarding applicability.