3.2.4 Minor Children

Determine whether there are children of the marriage that may trigger the longer separation period (365 days instead of 180 days).1 For an Article 103 divorce, the required period of separation must have elapsed before the divorce petition is filed.2 For an Article 102 divorce, the period must have elapsed before the Rule to Show Cause is filed.3

A “child born of the marriage” is a child conceived or born during the marriage of the child’s parents, adopted by them, or filiated in the manner provided by law.4 A child who is legitimated by marriage in accordance with La. C.C. art. 195 is a child of the marriage.

• 1La. C.C. art. 103.1.
• 2See id.
• 3Id.
• 4La. C.C. art. 3506(8).