In this example, the defendant presents answers to the allegations in plaintiff's Petition for Divorce. Defendant then assumes the position of Plaintiff in Reconvention. Reconvention is an action brought by a party who is a defendant against the plaintiff before the same judge (see La. C.C.P. Article 1061). Plaintiff in Reconvention requests joint custody of the minor children, a restraining order, child support, alimony pendent lite pursuant to LSA-C.C. Art. Lll. She further requests to legally resume her maiden name without complying with the provisions of LSA-R.S. 13:4575-4755.
Louisiana Answer and Reconventional Demand Divorce - with name change and temporary restraining order
Category:
State:
Louisiana
Control #:
LA-5081
Format:
Word;
Rich Text
Instant download
Description
Definition and meaning
The Louisiana Answer and Reconventional Demand Divorce form is a legal document used in divorce proceedings within the state of Louisiana. This form allows a person to respond to a divorce petition while also making their own requests, such as custody arrangements, alimony, and name changes. It is a crucial part of the legal process to ensure both parties' interests are represented in court.
How to complete a form
To complete the Louisiana Answer and Reconventional Demand Divorce form, follow these steps:
- Fill in your name and the name of the plaintiff.
- Review the allegations in the plaintiff's divorce petition and indicate your responses: admitting, denying, or stating that no response is necessary.
- If applicable, detail your requests regarding child custody, alimony, and property in the reconventional demand section.
- Sign and date the form as required.
- File the completed form with the appropriate court and serve it to the other party.
Who should use this form
This form is intended for individuals in Louisiana who are responding to a divorce petition and wish to assert their own claims within the same proceedings. It is suitable for both parties involved in a marriage where one spouse has initiated divorce actions and the other wants to outline their counterclaims or defend against the allegations raised.
Key components of the form
The Louisiana Answer and Reconventional Demand Divorce form generally includes the following key components:
- Identification of Parties: Names and addresses of both spouses.
- Response to Petition: Sections to admit, deny, or state unnecessary allegations.
- Reconventional Demand: Requests for custody, alimony, or property concerns.
- Temporary Restraining Order Request: A section to request immediate protective measures.
- Name Change Request: An option to restore a previous name.
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FAQ
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.