§ Art. 3955 Service of petition

Codes > Louisiana Code of Civil Procedure > Book I > Title IV : Chapter 2 > Art. 3955

Art. 3955. Service of petition

    A. When a petition for divorce is filed in accordance with Civil Code Article 102, service of the petition shall be requested on the defendant within ninety days of the filing of the petition.

    B. If the defendant is an absentee, the request for appointment of a curator ad hoc within ninety days of commencement of the action constitutes compliance with the requirements of Paragraph A of this Article.

    C. The defendant may expressly waive the requirements of Paragraph A of this Article by any written waiver. The requirement provided by Paragraph A of this Article shall be expressly waived by a defendant unless the defendant files, in accordance with the provisions of Article 928, a declinatory exception of insufficiency of service of process specifically alleging the failure to timely request service of the petition, in which case, after due proceedings, the action shall be dismissed.

    PROSPECTIVE APPLICATION; COMMENTS--ACTS 2010, NO. 407

    Sections 2 and 3 of Acts 2010, No. 407 (§ 1 of which enacted this article) provide:  

    “Section 2. The provisions of this Act shall be applied prospectively only. 

     “Section 3. The Louisiana State Law Institute is hereby directed to prepare comments to the provisions of this Act.” 

    LOUISIANA STATE LAW INSTITUTE NOTE--2011 COMMENTS

    Acts 2010, No. 407, amended Articles 925(A)(2) and 1672(C), and enacted Article 3955. The legislation was enacted
without the involvement of the Louisiana State Law Institute. Section 3 of the Act directed the Law Institute to prepare
comments.