3.2.8 Ancillary Matters

3.2.8 Ancillary Matters aetrahan Thu, 06/22/2023 - 14:40

In a divorce action, many ancillary issues may be decided by summary proceeding (i.e., a rule to show cause), and a Hearing Officer Conference may be mandatory before the court will enter a final judgment of divorce.1 Such issues may include injunctions against disposition or encumbrance of community property (La. R.S. 9:371); injunctions against abuse or harassment (La. R.S. 9: 361, 372, 372.1); custody (La. C.C. arts. 131–137); child support (La. C.C. arts. 141–142; La. R.S. 9:315–315.47); interim periodic spousal support (La. C.C. arts. 111, 113); final periodic spousal support (La. C.C. arts. 111, 112); use and occupancy of the family residence and use of community movables (La. R.S. 9:374); the right to remove personal property from the family residence (La. R.S. 9:373); and the right to seek a judgment of separation of property upon proof that the parties have lived separate and apart for 30 days or more (La. C.C. art. 2374).

  • 1La. C.C. art. 105.