3.6.3 Felony Conviction

Conviction of a felony is another basis for immediate divorce.1 A divorce may be granted because of a spouse’s felony conviction even if the conviction is on appeal or the sentence is suspended.2 A guilty plea to a felony is a conviction that will entitle a spouse to an Article 103(3) immediate divorce.3 A felony conviction that predates the marriage is not cause for an immediate divorce.

• 1La. C.C. art. 103(3).
• 2Kitchen v. Kitchen, 480 So.2d 494 (La. App. 5 Cir. 1985).
• 3Scheppf v. Scheppf, 430 So.2d 370 (La. App. 3 Cir. 1983).