Louisiana Petition to Waive Statutory Waiting Period Required for Remarriage After Divorce

State:
Multi-State
Control #:
US-01797BG
Format:
Word; 
Rich Text
43 downloads

Description

Most states don't have a remarriage waiting period after divorce, but some states have a statutory waiting time or allow a judge to create a waiting period for the parties. In some states, both parties must be given time to appeal the divorce decree before you can remarry. Those states that have remarriage waiting periods generally calculate the waiting period from the day the judge approves the divorce decree.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

Once the court enters a judgment of divorce, the divorce is not final for 30 days. This waiting period is to allow for an appeal. Neither spouse can remarry until the 30-day waiting period is over and the divorce judgment becomes final.

Why is there a waiting period to remarry? Some states mandate a 30-day waiting period after a divorce is finalized. This waiting period often exists because former spouses typically have 30 days to appeal a divorce agreement after the divorce is finalized.

Concomitantly, Louisiana Code of Civil Procedure Art. 1313(c) now permits service of court dates and deadlines to be served on an unrepresented party or attorney of record via e-mail. Of note, service is not complete unless the sender is in receipt of an electronic confirmation of delivery.

Substituted service allows the process server to leave service documents with another responsible third party such as parents or employer. The person receiving the documents is legally bound to serve the person named on the documents being served.

Acceptance Or Waiver Of Service To waive or accept service, the other party must be willing to accept a certified copy of the citation and petition and sign a written waiver. In cases of divorce, the written waiver must be in the form of an affidavit sworn and signed by the other party before a notary public.

(2)(a) When the defendant is not continued in custody subsequent to arrest, an indictment or information shall be filed within ninety days of the arrest if the defendant is booked with a misdemeanor and one hundred fifty days of the arrest if the defendant is booked with a felony.

The filing party must request service of the citation on all named defendants within ninety (90) days of the date of filing commencing the case. The Court counts 90 calendar days beginning on the day after the date of the filing of the petition for divorce.

Both Article 102 and Article 103 divorces in Louisiana are considered no-fault divorces. This means that neither spouse has to prove that the other spouse did something wrong in order to get a divorce. Instead, the spouses must live separate and apart without reconciling for the time required to get a divorce.

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Louisiana Petition to Waive Statutory Waiting Period Required for Remarriage After Divorce