Legal Question in Family Law in Louisiana

Re: Divorce

Dear LawGuru Friend,

I assume you are handling your own divorce without benefit of legal counsel. It is done often. Assuming your Petition for Divorce is in order, and that your spouse has accepted service and answered stating that he or she has no objection to the divorce's being granted, then you can file either an ex parte Motion asking that a Divorce be granted, or a Joint Motion asking same, singed by both you and your spouse. Such a Motion would need to be filed in the record by the Clerk of Court and presented to the Judge along with the Proposed Judment of Divorce for signature. Once the Judge has signed the judgment, then you need to make sure that the signed Judgement is file into the suit record in the office of the Clerk of Court.

At the time your Motion for a Divorce and Proposed Judgment of Divorce are presented to the Judge, you must also supply proof of the facts alleged in your petition for divorce, stating and verifying the grounds upon which the divorce is to be granted. Such proof usually consists of the petitioner's (your)afficavit and the affidavit of a third party (third party affidavit) verifying the facts alleged in your petition for divorce and sufficient for the Judge to base his judgment upon.

There is more to it all than this, but this is something to think about. Good luck!

Sincerely,

Hardy Parkerson, Atty.

Lake Charles, LA