Louisiana Revised Statutes & Codes
La. Rev. Stat. § 9:381 (2026)
Actions pending on effective date of divorce revision act; law governing
✓ current as of May 2026
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CHAPTER 2. TRANSITIONAL PROVISIONS
PART I. DIVORCE
§381. Actions pending on effective date of divorce revision act; law governing
This Act* does not apply to actions for separation from bed and board or divorce or actions for incidental relief commenced before January 1, 1991, or to reconventional demands thereto, whenever filed. Such actions are to be governed by the law in effect prior to January 1, 1991.
Acts 1990, No. 1009, §7, eff. Jan. 1, 1991; Acts 1997, No. 1078, §6, eff. Jan. 1, 1998.
*As appears in Acts 1990, No. 1009.
Notes of Decisions
Cited in 9
cases, 1991–2014 · leading case: C.M.J. v. L.m.c., Wife of C.M.J., 156 So. 3d 16 (La. 2014).
C.M.J. v. L.m.c., Wife of C.M.J., 156 So. 3d 16 (La. 2014). “R.S. 9:381. The parties shared equal physical custody of the children until October 2011.”
Gitschlag v. Gitschlag, 593 So. 2d 1331 (La. Ct. App. 1991). “R.S. 9:381 and 9:382, the law in effect prior to Jan.”
Mazoue v. Traina (In re Mazoue), 240 B.R. 878 (E.D. La. 1999). “The exemption shall continue to apply to a homestead otherwise eligible while owned in indivisión by the spouses, and occupied by either of them, when the community property regime of which the homestead is a part is dissolved by judgment which so provides, pursuant to R.S.…”
McCarroll v. McCarroll, 680 So. 2d 681 (La. Ct. App. 1996). “9:384 which contained the same language as Article 155, recognizing the automatic reestablishment of the community upon reconciliation, but made the act retroactive for “[reconciled] spouses who were judicially separated by a judgment signed before January 1, 1991, or by a…”
Charrier v. Charrier, 653 So. 2d 1356 (La. Ct. App. 1995). “It contained the same language recognizing the automatic reestablishment of the community upon reconciliation but made the act retroactive for “[reconciled] spouses who were judicially separated by a judgment signed before January 1, 1991, or by a judgment rendered in an action…”
Charrier v. Charrier, 672 So. 2d 983 (La. Ct. App. 1996). “If spouses who were judicially separated by a judgment signed before January 1, 1991, or by a judgment rendered in an action governed by R.S. 9:381, reconcile after September 6, 1985, their community of acquets and gains shall be reestablished between the spouses, as of the date…”
Chase Home Fin., L.L.C. v. Davis, 1 So. 3d 643 (La. Ct. App. 2008). “The exemption shall continue to apply to a homestead otherwise eligible while owned in indivi-sión by the spouses, and occupied by either of them, when the community property regime of which the homestead is a part is dissolved by judgment which so provides, pursuant to R.S.…”
Ashmore v. Ashmore, 80 So. 3d 693 (La. Ct. App. 2011). “Effective January 1, 1991, Section 384 contained the same language as Article 155 1 , recognizing the automatic reestablishment of the community property regime upon reconciliation, but made it retroactive for “[reconciled] spouses who were judicially separated by a judgment…”
Rochelle v. Rochelle, 778 So. 2d 1162 (La. Ct. App. 2001). “R.S. 9:381 through 9:384. La. R.S. 9:382 provided in pertinent part, “A judgment of separation from bed and board or divorce rendered before January 1, 1991, .”
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