Louisiana Answer and Reconventional Demand Divorce - with name change and temporary restraining order
Understanding this form
The Answer and Reconventional Demand Divorce is a legal document used in divorce proceedings where the defendant responds to the allegations set forth in the plaintiff's petition. This form is unique because it allows the defendant to counter-sue, assuming the role of plaintiff in reconvention. The form covers issues such as joint custody of children, a request for temporary restraining orders, alimony, and the legal name change of the petitioner.
Key parts of this document
- Responses to Allegations: Sections for admitting or denying allegations in the divorce petition.
- Joint Custody Request: Provisions for requesting joint custody of minor children.
- Child Support and Alimony: Clauses addressing requests for child support and alimony pendente lite.
- Temporary Restraining Order: Requests for restraining orders to protect against harmful actions from the defendant.
- Name Change: Section for restoring the petitioner's maiden name without needing to comply with certain statutory provisions.
When this form is needed
This form is pertinent when a spouse is responding to a divorce lawsuit and wishes to present their side while also bringing forth their own claims against the original plaintiff. It is commonly used in cases involving disputes over custody, support, and name changes during the divorce process.
Who this form is for
- Defendants in a divorce proceeding who wish to respond to allegations and assert their own claims.
- Individuals seeking joint custody of their minor children.
- Spouses requesting spousal support during the divorce process.
- Those looking for a restraining order against their spouse for safety concerns.
Steps to complete this form
- Identify the parties involved by listing the names of both spouses.
- Clearly respond to each allegation made in the plaintiff's petition, noting which are admitted or denied.
- Fill out the sections regarding the custody of minor children, including names and specific requests.
- Specify the amount of alimony and child support requested, if applicable.
- Complete the area regarding the temporary restraining order requests for your protection.
- Sign and date the form, ensuring it is filed with the appropriate court.
Notarization requirements for this form
Notarization is generally not required for this form. However, certain states or situations might demand it. You can complete notarization online through US Legal Forms, powered by Notarize, using a verified video call available anytime.
Common mistakes to avoid
- Failing to properly admit or deny each allegation, which may lead to default judgments.
- Not providing enough detail in the requests for custody and support, making them harder to enforce.
- Forgetting to sign the document or file it by the required deadline.
Advantages of online completion
- Easy access to downloadable and customizable templates, ensuring accuracy and compliance with legal standards.
- Convenience of completing forms from home without needing to visit an attorney's office.
- Secure storage options for your completed legal documents.
Form popularity
FAQ
The Article 103 divorce allows a couple to divorce without the waiting period typically required. This type of divorce requires one spouse to file for a fault-based reason, such as infidelity or cruelty. To navigate this complex procedure, it's helpful to consult with legal resources that help you understand the broader spectrum of your Louisiana Answer and Reconventional Demand Divorce, including name change and temporary restraining order provisions.
The cost to file a request for restraining order is $148.50. If you are unable to pay the cost, you may fill out a Motion to Proceed In Forma Pauperis. You can obtain this form from the Civil Division Office in Room 251 or by calling 389-3017.
Reconventional demand is the Louisiana term for a counterclaim. 1 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DI. Page 1. Reconventional demand is the Louisiana term for a counterclaim.
After a full court hearing, a judge can issue a protective order. A protective order can generally last up to 18 months, and can later be renewed after a hearing in front of a judge. The parts of the protective order that tell the abuser to not abuse, harass, or interfere with you can last forever.
A condition of a parole release which requires that the alleged offender stay away from any specific person. An order issued according to Louisiana Revised Statute § 46 (prohibited communication between offender and victim).
To get a restraining order, you can contact an attorney, law enforcement, call an abuse hotline, go to the courthouse, or call 911 if you are in immediate danger. If you go to the sheriff's office or the courthouse, they will provide you with forms to fill out to request the restraining order.
Emergency Temporary Restraining Orders: If you are in need of emergency protection outside of regular court hours, the court may grant you an emergency temporary restraining order if there is an immediate and present danger of abuse. The judge must consider any and all past history of abuse, or threats of abuse, in
A Stay Away Order is an Order issued by a Judge in a domestic violence, domestic battery, or stalking case. The Order is effective unless cancelled or modified during the period that the court has jurisdiction over the case.
The Stay-Away Order is issued when the criminal case is initiated and the defendant makes his or her first appearance in court (the arraignment).It tells the defendant to stay away from the victim or a witness (usually 100 yards away) and from his or her place of employment.
The cost to file a request for restraining order is $148.50. If you are unable to pay the cost, you may fill out a Motion to Proceed In Forma Pauperis. You can obtain this form from the Civil Division Office in Room 251 or by calling 389-3017.
