§ Art. 3956 Evidence of facts in divorce action

Codes > Louisiana Code of Civil Procedure > Book I > Title IV : Chapter 2 > Art. 3956

Art. 3956. Evidence of facts in divorce action

    The facts entitling a moving party to a divorce in accordance with Civil Code Article 102 may be established by:

    (1) The petition for divorce.

    (2)(a) The sheriff's return of service of the petition.

        (b) The sheriff's return of service of the petition showing personal service on the defendant if the parties were living together at the time of the filing of the petition.

        (c) The return receipt when service is effectuated pursuant to R.S. 13:3204.

        (d) Waiver of the service of petition.

    (3) The rule to show cause and the affidavit required by Code of Civil Procedure Article 3952.

    (4) The sheriff's return of service of the rule, or by a waiver of that service.

    (5) The affidavit of the mover, executed after the filing of the rule, that the parties have lived separate and apart continuously for at least the requisite period of time, in accordance with Civil Code Article 103.1, prior to the filing of the rule to show cause and are still living separate and apart and that the mover desires to be divorced.

    DATE EFFECTIVE; APPLICATION--ACTS 2006, NO. 743

    Sections 4 and 5 of Acts 2006, No. 743 (§ 2 of which amended this article) provide:

     “Section 4. The provisions of this Act shall become effective on January 1, 2007.

     “Section 5. The provisions of this Act shall apply only to actions filed on and after its effective date. Actions pending
before the effective date of this Act shall be governed by prior law.”