Art. 3942.Appeal From Judgment Granting Or Refusing Annulment Or Divorce

Article 3942 supplies the appeal delay for the marital-status ruling itself: thirty days from the applicable date under Article 2087(A), the Code's general starting point for appeal delays. The rule applies whichever way the trial court ruled, whether it granted the annulment or divorce or refused it, so either side has the same thirty-day window to seek review.

What distinguishes this appeal from an ordinary civil appeal is its suspensive effect. Article 3942 does not leave the judgment in force while review proceeds; the appeal suspends execution insofar as the judgment relates to the annulment or divorce, and insofar as it partitions community property or settles claims arising from the matrimonial regime. Marital status and the property consequences that flow from it stay unresolved until the appellate court has spoken.

That suspensive rule is confined to the annulment, divorce, and related property determinations. The next article, 3943, strips suspensive effect from an appeal of custody, visitation, or support provisions, so a single judgment that both grants a divorce and sets custody can produce different outcomes on appeal: the divorce and community-property portions frozen under Article 3942, the custody and support portions enforceable in the meantime under Article 3943.