Legal Question in Family Law in Louisiana

Couple married in LA. Moved to FL. Bought a house. Separated in December 2006. She left took what she wanted and the truck. They both signed the house over in February 2007 on a quit claim deed to the person who loaned them the down payment because they house went in foreclosure. So house out of picture and they each have their own stuff. Kids are no longer minors. He moved back to LA. She moved to LA BRIEFLY then went back to FL. They BOTH want to be divorced since they are still married on paper. Can he file in LA and she sign affidavit of service and he just get a judgment of divorce being that they have agreed on the division of everything and that they lived apart since 2006 with just a witness going to court with him and her appearance not required.


Asked on 7/07/11, 12:17 pm

1 Answer from Attorneys
Martha Amanda Mandi Lucas Mandie Seale Lucas

You can file a 103 divorce based on being separated for over 6 months. Service can be accepted and the remainder waived. The final paperwork doesn't usually require a witness.

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Answered on 7/12/11, 11:33 am


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