Terms Used In Louisiana Code of Civil Procedure 3956

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.

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 La. Rev. Stat. 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.

Acts 1990, No. 1009, §5, eff. Jan. 1, 1991; Acts 1991, No. 367, §2; Acts 1995, No. 386, §2; Acts 1999, No. 95, §1; Acts 2006, No. 743, §2, eff. Jan. 1, 2007.