Legal Question in Family Law in Louisiana

I have filed pro se divorce and can't afford a lawyer. I served him certified mail but he refuses to sign the divorce papers. Can I go ahead with the divorce without his signature? And if so how?


Asked on 4/17/12, 1:12 pm

1 Answer from Attorneys

Nick Pizzolatto, Jr. Pizzolatto Law Office

If he lives outside of the State of Louisiana, you have to serve him via the long armed statute, which means the clerk gives you the certified copy of the Petition and YOU have to serve him correctly via certified mail, OR you have him served with the paperwork by certified mail and the clerk of court serves him that way. But he does not have to sign the papers. So it seems you filed a petition and withheld service assuming he would sign. If he is in Louisiana, ask the clerk to have him served with the Petition and after 15 days you take a preliminary default and after 2 days you confirm it. I really would have been easier to hire a lawyer. You will end up having to pay all of the court costs unless you convince the court to make him pay.

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Answered on 4/17/12, 4:32 pm


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