important codes

what is marriage under Louisiana law

marriage is a legal relationship between two people that is created by a civil contract, which is subject to special rules prescribed by law

what are the three requirements that must be met in order to contract a valid marriage.

1. the absences of legal impediments

2. a marriage ceremony

3. free consent to the marriage

what are the three legal impediments that must be absent in order for a marriage to be valid: 

1. a prior undissolved marriage,  

2. blood relations with collaterals within the fourth degree, 

3. and that is to say a minor under 16 may not marry. 

what are the three things that make a valid marriage ceremony: 

1. the parties must participate in a ceremony performed by a third person who is qualified or reasonably believed to be qualified,

2. the parties must be physical present when the ceremony is performed,

3. there must be at least two witness present at the ceremony. 

what does the last element of free consent at the time of ceremony mean

this means that consent is not free when given under duress or when given by a person incapable of discernment

what is an absolutely null marriage

a marriage is null when contracted without a marriage ceremony, by procuration, or in violation of an impediment. this marriage is considered to be as if it was never contracted at all.

what is an relatively null marriage

a marriage is null when the consent of one of the parties to marry is not freely given. such a marriage may be declared null upon application by the nonconsenting party or they may confirm the marriage after recovering from  discernment. 

what is the doctrine of a punitive marriage

a marriage that is considered null but still holds the civil effects of marriage that flows in favor of a party who contracted the marriage in good faith( the putative spouse) for as long as that party remains in good faith. however, the civil effects end the moment at the which he good faith spouse learned or should have learned of the existences of the impediment 

what is a 102 divorce

is no fault divorce that shall be granted upon either spouse who has filed a petition for divorce, and upon proof that the requisite period of time, in accordance with 103.1, has elapsed from the service of the petition. this time period is either 180 days or 365 days depending on whether the couple had children from the marriage.

what is a 103(1) divorce

is a no fault divorce that shall be granted upon either spouse who has filed a petition of divorce, when the spouses have already been living separate and apart continuously for the requite period of time, in accordance with article 103.1, or more on the date the petition is filed. this period is either 180 days or 365 days depending on whether the couple had children from the marriage.

what is a 103(2) divorce 

is a fault based divorce for adultery and is not subject to a prescribed period of living separate and apart from the other spouse. adultery is a voluntary sexual activity of a married person with a person other than the offender’s husband or wife. if a spouse files a petition of divorce under this code article the party must bear the burden of proof that the other spouse committed adulterous acts. 

what is a 103(3) divorce

is a fault-based divorce for a spouse who committed a felony and has been sentenced to death or imprisonment at hard labor. this type of divorce is not subject to the prescribed period of living separate and apart from the other spouse. if a spouse files a petition of divorce under this code article the party must provide certified minutes of a felony conviction and the sentencing. 

what is a 103(4) divorce

 is  a fault-based divorce for a spouse who has committed physical or sexual abuse against other spouse and/or a child. This type of divorce is not subject to a prescribed period of living separate and apart from the other spouse.  If a spouse files a petition of divorce under this code article the party must bear the burden of proof that the other spouse  has committed the abuse. 

what is 103(5) divorce

is  a fault-based divorce for the issuance of a criminal or civil protective order.  This type of divorce is not subject to a prescribed period of living separate and apart from the other spouse. If a spouse files a petition of divorce under this code article the party must provide certified minutes of the order. 

how is reconciliation defined

it extinguishes any cause of action for a divorce. This act occurs when spouses have the mutual intent to resume living as man and wife. 

what doe spouses owe each other in a marriage

in a marriage owe each other mutual duty of fidelity, support, and assistance.

what is interim spousal support

based on the needs of that party, the ability of the other party to pay, any interim or final child support obligation, and the standard of living of the parties during the marriage. This type of support shall terminate 180 days from the rendition of the divorce judgment, but may exceed past the 180 days when good cause is shown. 

what is final spousal support

to the filing spouse if they are considered free of fault from the proximate cause of the divorce. The court must consider if there is a need for support and the ability of the other party to pay. 

when is interim spousal support or final periodic 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.

how is custody of a child determined 

the court shall award custody in accordance with parental agreement, unless in the case of abuse or the best interest of the child requires a different award. In the absence of an agreement or the proposed one is not in the best interest of the child, the court shall award joint custody.

what about sole custody

is only awarded if one parent is shown by clear and convincing evidence to serve the best interest of the child. 

what is joint custody

defined as both parents having joint decisions making authority over what is in the best interest of the child. 

what are the requirements for the form of a matrimonial agreement

1. may be executed by the spouses before or during marriage

2. shall be made by authentic act or by an act under private signature duly acknowledged by the spouses.

what happens if a there a modification to the matrimonial regime during the marriage

Spouses may enter into a matrimonial agreement that modifies or terminates a matrimonial regime during marriage only upon joint petition and a finding by the court that this serves their best interests and that they understand the governing principles and rules.