LEGAL GROUNDS FOR DIVORCE: Except in the case of a covenant marriage, a divorce shall be granted on the petition of a spouse upon proof that:
In the case of a covenant marriage, the following grounds apply:
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So we did not live separate and apart for the requisite time period PRIOR to her filing for divorce and have not lived apart since (except for employment) for the requisite period, can I now go to court and hve the initial judgement for divorce vacated, over ruled and/or made null and void? Can I sue because she had a sheriff serve me papers and throw me out of our home?
CHAPTER 1. THE DIVORCE ACTION
Art. 102. Judgment of divorce; living separate and apart prior to rule
Except in the case of a covenant marriage, a divorce shall be granted upon motion of a spouse when either spouse has filed a petition for divorce and upon proof that the requisite period of time, in accordance with Article 103.1, has elapsed from the service of the petition, or from the execution of written waiver of the service, and that the spouses have lived separate and apart continuously for at least the requisite period of time, in accordance with Article 103.1, prior to the filing of the rule to show cause [to get the divorce judgment].
The motion shall be a rule to show cause filed after all such delays have elapsed.
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