Smith v. Smith

11Twenty-eight months following an Article 103(1) judgment of divorce, plaintiff filed an action to annul the judgment based on lack of service, a vice of form, and/or reconciliation, a vice of substance. After trial, the trial court declared the judgment of divorce a nullity due to the parties’ reconciliation which had occurred before the confirmation of the default judgment for divorce. Finding that per-emption of the nullity action applies, we reverse the trial court’s ruling.

Facts and Procedural History

Wayne and Brandy were married on January 17, 2003, and established their matrimonial…