Louisiana Divorce with 6 Months Separate and Apart, Default Confirmation
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FAQ
A divorce by default occurs when the person who files for divorce does not receive a timely response from the other spouse.You can't take back or rescind the divorce once the courts have finalized it, even if the defendant never received the petition and did not know a spouse filed for divorce.
According to the California Courts, a default divorce is one in which someone does not respond to a petition for divorce.We will help you go over your spouse's petition for divorce, and if your spouse hasn't filed yet, we could help you petition first.
In Louisiana, legal separation is only available to couples in a covenant marriage. To file for a legal separation, you must provide the court with a legal reasonor, groundsfor your request. Additionally, you will need to participate in marital counseling before the judge can grant your petition for separation.
When one spouse in California files a petition for divorce, the other spouse must be formally served with papers.When a spouse doesn't respond to a divorce petition, the person who failed to file the answer to the court will lose his or her rights to make arguments about property division, support, and child custody.
The Clerk of Court fees vary from parish to parish, but expect to pay anywhere from $250-$400 to have your Petition for Divorce filed. This includes service and if you can talk with your ex and get them to agree to accept service, you will get a portion of this back.
Legally, you can date while going through divorce proceedings. If you have a covenant marriage, as recognized by the state of Louisiana, you may need to go through significant counseling before moving on, including dating, since a covenant marriage makes it much more difficult to pursue divorce.
Once a default is entered, it prevents the other party from filing a Response. The other party may file a motion to set aside the default, but that would have to be heard before they were permitted to respond to the case or contest the orders you have requested.
If a default judgment for divorce has been issued against you, you may still have time to contest it and have it set aside, but you will need to speak to an experienced divorce attorney right away.
