Louisiana Answer to Plaintiff's Petition for Divorce
About this form
The Answer to Plaintiff's Petition for Divorce is a legal document that allows the defendant in a divorce case to respond to the plaintiff's allegations. This form is crucial for defendants who wish to formally admit or deny the claims made by the plaintiff, and it outlines their request to proceed with the case despite financial hardships, as permitted by Louisiana law.
Key parts of this document
- Defendant's identity and contact information
- Admissions or denials of the plaintiff's allegations
- Statement of inability to pay court costs
- Request for dismissal of the plaintiff's suit at their cost
- Signature and certification of the attorney
When to use this form
This form should be used when a defendant receives a petition for divorce and needs to formally respond. It is essential in situations where the defendant wishes to contest the claims made against them, acknowledge certain points, and seek legal aid for the costs associated with the action due to financial limitations.
Intended users of this form
- Defendants in a divorce proceeding who have been served with divorce papers
- Individuals unable to afford the costs of legal proceedings
- Those wishing to formally respond to the allegations in the divorce petition
Completing this form step by step
- Identify the parties: Include the name of the defendant and the plaintiff as listed in the divorce petition.
- Respond to the allegations: Clearly state which allegations are admitted and which are denied.
- Include your request to waive costs: Explain your financial situation and request to proceed without prior cost payments.
- Sign and date the document: Make sure to include the signature of the defendant or their attorney.
- Certify mailing: Include a certification of when and how the document was mailed to the plaintiff's attorney.
Is notarization required?
Notarization is not commonly needed for this form. However, certain documents or local rules may make it necessary. Our notarization service, powered by Notarize, allows you to finalize it securely online anytime, day or night.
Mistakes to watch out for
- Failing to respond to every allegation in the petition.
- Not clearly stating the request for fee waivers.
- Incomplete or missing signatures.
Advantages of online completion
- Easy access and immediate download of the form.
- Editable templates allow for personalization.
- Compiled by licensed attorneys to ensure legal compliance.
State law considerations
This form is adapted for use in Louisiana and aligns with the state's legal requirements for divorce proceedings under La. C.C.P. Articles 5. It reflects Louisiana's specific procedures for a defendant to assert their right to proceed in forma pauperis.
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FAQ
Reply the notice, asking for divorce by mutual consent. Call or mail me for assistance. Please give me complete information about your case only then you can be given a good advice. If you ever need legal advice, you can call or WhatsApp me at .
You answer the divorce petition to let the court know your position in the divorce case.If you don't answer the divorce petition and you don't go to a hearing, it's still possible that the judge can grant the divorce. If that happens, the judge also can make other decisions in the divorce.
An Answer & Counterclaim for Divorce responds to the Complaint for Divorce and gives you an opportunity to tell the court what you want to happen with the divorce. Admit or Deny.
Typically, they will have at least 20 days to respond. States have different laws and requirements regarding what can and/or should be filed. In some states you may just need to file a piece of paper acknowledging receipt of the petition.
Filing an AnswerYou can ignore the filing, in which case your divorce will proceed by default. This means the court will likely grant whatever request your spouse makes regarding the division of property and debt, child custody, child support, and alimony. Alternatively, you can file an answer with the court.
The Court can grant a divorce order, even if the spouse refuses to sign any documents.Otherwise, the spouse may ask the Court to appear by telephone. While a spouse can refuse to sign the divorce papers, it is highly likely that the divorce will still take place. However, some situations could delay the divorce.
As the Petitioner, all you should have to pay when you file your Petition for Dissolution of Marriage is $388. If your spouse, as the Respondent, files an Answer or other responsive pleading later, he or she will pay the $251 response fee. There are other ways to keep divorce filing fees to a minimum.
You answer the divorce petition to let the court know your position in the divorce case.If you don't answer the divorce petition and you don't go to a hearing, it's still possible that the judge can grant the divorce. If that happens, the judge also can make other decisions in the divorce.
Answer only. An "Answer" tells the judge and your spouse what parts of the complaint you agree with and disagree with. Answer with a Counterclaim.
