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Louisiana Rule to Show Cause and Order - La. CC Art. 102 with Adult Children

State:
Louisiana
Control #:
LA-816D
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Description

Rule to Show Cause and Order: This document is used to notify the Court that a Petition for divorce based upon La. CC Art. 102 has been filed, the Defendant has been served with a copy of said Petition and all legal delays have elapsed and requests that the Court set a date for final hearing on the divorce.
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FAQ

A judge can grant a no-fault divorce if you and your spouse have lived separate and apart continuously for at least: 180 days if you and your spouse do not have a child together under 18 years old; or. 365 days if you and your spouse do have a child together under 18 years old.

Your spouse has committed adultery; your spouse has committed a felony and has been sentenced to death or imprisonment with hard labor; your spouse physically or sexually abused you or your child/step-child during the marriage (it does not matter if the spouse was criminally charged with the abuse); or.

To file your papers, you must go to Clerk of Court's Suit Accounting office, located on the Third Floor of the Nineteenth Judicial District Courthouse, 300 North Boulevard, Baton Rouge, Louisiana. If you want to make other arrangements for filing, you should contact that office at (225) 389-3982.

Louisiana provides for fault and no-fault divorce options.Under a 102 divorce, a spouse can file a petition for divorce, allege jurisdiction and venue, and request a judgment of divorce after the parties have lived separate and apart from service of the petition or written waiver of service for a period of 180 days.

Is There a Separation Requirement? The State of Louisiana requires divorcing spouses to live separately for 180 days if there are no children from the marriage. If the couple has children, they must live apart for at least one year before a divorce will be granted.

The rule to show cause provided in Civil Code Article 102 shall allege proper service of the initial petition for divorce, that the requisite period of time, in accordance with Article 103.1, or more has elapsed since that service, and that the spouses have lived separate and apart continuously for the requisite period

In a proceeding for a separation from bed and board in a covenant marriage, a court may award a spouse all incidental relief afforded in a proceeding for divorce, including spousal support, claims for contributions to education, child custody, visitation rights, child support, injunctive relief and possession and use

You do not have to sign the papers together, at the same time and place, but the Louisiana 3StepDivorce2122 requires both spouses to sign.When spouses cannot agree about the terms and conditions of their divorce, they sometimes end up in court where a judge makes decisions for them.

In a 103 divorce, the spouses must live separate and apart for at least 180 days prior to the filing of the petition (365 days if there are minor children involved).You must have an agreement on child support and custody or a trial on those issues with a judgment in order to get a divorce with children in Louisiana.

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Louisiana Rule to Show Cause and Order - La. CC Art. 102 with Adult Children