The bill amends R.S. 9:374(G)(2) and enacts R.S. 9:375(C) to enhance the framework for the allocation of community property in Louisiana. It specifies that courts must consider several factors when determining the allocation, including the custody of children, the liquidity of community assets, spousal management rights, the need for funds to maintain a household, the necessity for legal representation, and the history of domestic abuse and financial control during the marriage. These additions aim to provide a more comprehensive approach to property division in divorce proceedings.
Additionally, the bill introduces provisions for awarding attorney fees and costs in cases where one party causes unreasonable delays in the proceedings. This change extends the potential for attorney fees beyond situations of contempt of court to include instances of frivolous filings and purposeful delays, while clarifying that fees are not available for intentional but reasonable delays. Overall, the bill seeks to create a fairer and more efficient process for the allocation of community property and the handling of legal fees in divorce cases.
Statutes affected: SB29 Original: 9:374(G)(2)
SB29 Engrossed: 9:374(G)(2)
SB29 Enrolled: 9:374(G)(2)
SB29 Act 89: 9:374(G)(2)