La. Rev. Stat. § 9:302

A.  In addition to any hearing otherwise authorized by law to be held in chambers, the court by local rule, and only in those instances where good cause is shown, may provide that only with mutual consent, civil hearings before the trial court in divorce proceedings may be held in chambers.  Such hearings shall include contested and uncontested proceedings and rules for spousal support, child support, visitation, injunctions, or other matters provisional and incidental to divorce proceedings.  

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§302.  Divorce proceedings; hearings in chambers; procedure

A.  In addition to any hearing otherwise authorized by law to be held in chambers, the court by local rule, and only in those instances where good cause is shown, may provide that only with mutual consent, civil hearings before the trial court in divorce proceedings may be held in chambers.  Such hearings shall include contested and uncontested proceedings and rules for spousal support, child support, visitation, injunctions, or other matters provisional and incidental to divorce proceedings.  

B.  A motion for hearing in chambers pursuant to this Section may be made by either party or upon the court's own motion.  

C.  Except for being closed to the public, the hearings held in chambers pursuant to this Section shall be conducted in the same manner as if taking place in open court.  The minute clerk and court reporter shall be present if necessary to perform the duties provided by law.  

D.  The provisions of this Section shall not be construed to repeal or restrict the authority otherwise provided by law for any hearing to be held in chambers.  

Acts 1990, No. 1009, §§7, 9, eff. Jan. 1, 1991.  

Notes of Decisions
Cited in 83 cases, 1953–1998 · leading case: Fulmer v. Fulmer
Fulmer v. Fulmer (1974) la · cites it 12× “R.S. 9:302 (1960). These alimony proceedings are incidental to that divorce action.”
Moon v. Moon (1977) lactapp · cites it 7× “The post-separation waiting period of LSA-R.S. 9:302 is designed principally to give the spouses a chance to reconcile their differences and resume their marriage.”
Pearce v. Pearce (1977) la · cites it 2× “R.S. 9:302. [2] Mrs. Pearce answered the suit praying for an award of permanent alimony.”
Franklin v. Franklin (1985) lactapp · cites it 5× “R.S. 9:302 separation. Service of process on Mr.”
Bruner v. Bruner (1978) lactapp · cites it 6× “R.S. 9:302. Mavis Bruner filed exceptions of lis pendens and no cause of action to this suit.”
Rutherford v. Rutherford (1984) lactapp · cites it 3× “LSA-R.S. 9:302. The defendant filed an answer and reconventional demand, seeking a divorce on the same grounds, and further seeking alimony after divorce.”
Lagars v. Lagars (1986) la · cites it 2× “R.S. 9:302. This court held that where a judicial separation is decreed as caused by the fault of one spouse or the other, such fault as judicially determined to be the cause of the separation is normally determinative of the issue of whether the husband or wife is or is not at…”
Thomason v. Thomason (1977) lactapp · cites it 3× “431 (1919), in which the Supreme Court considered a reconventional demand for divorce on ground of adultery in opposition to an action pursuant to Act 25 of 1898 (presently LSA-R.S. 9:302), which allowed divorce after one year of judicial separation, (two years if suit brought…”
Yates v. Yates (1978) lactapp · cites it 5× “R.S. 9:302 on the basis that the parties had not lived together as man and wife since the judgment of separation in her favor dated April 21, 1976.”
Cabral v. Cabral (1987) lactapp · cites it 2× “R.S. 9:302 states that if an appeal is taken from a judgment of separation, a suit for divorce may not be commenced until the day after the judgment becomes definitive.”
In Re the Marriage of Bradford (1977) moctapp “R.S. 9:302 (1960) (our emphasis): 6 When there has been no reconciliation between the spouses for a period of one year or more from the date the judgment of separation from bed and board become [sic] final, the spouse who obtained this judgment may sue for and obtain a judgment…”
Smith v. Smith (1978) lactapp · cites it 3× “) that she had received a judgment of separation in her favor in another suit, and that the provisions of R.S. 9:302 preclude her husband from suing under R.”
— La. Rev. Stat. § 9:302(A) — 3 cases
Franklin v. Franklin (1985) lactapp “R.S. 9:302 separation. Service of process on Mr.”
Tregre v. Landry (1986) lactapp
Fontenot v. Ardoin (1986) lactapp
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