Legal Question in Family Law in Louisiana

Limits of court orders

If a wife filed for divorce in east baton rouge 3 years ago and at that time was awared temporary spousal support, and never completed the divorce, how long does that spousal support stay in affect and can the husband discontinue paying the suport if he has to refile for a divorce ?


Asked on 3/13/04, 10:56 am

4 Answers from Attorneys

Andrew Casanave Andrew M. Casanave

Re: Limits of court orders

Contact a lawyer in the Baton Rouge area. You may be able to nullify the whole matter.

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Answered on 3/13/04, 6:22 pm
Fran Brochstein Attorney & Mediator

Re: Limits of court orders

If you case has been dismissed in Lousiana, you can probably file in Texas.

Good luck!

Fran Brochstein

www.familylaw4u.com

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Answered on 3/13/04, 6:48 pm
Hardy Parkerson Retired Attorney; now Law Professor

Re: Limits of court orders

Dear LawGuru Friend,

My thinking would be that the temporary order of support would continue so long as the suit for a divorce was pending or until it was set aside by a judge. However, if more that 180 days have passed since the suit was filed, you can seek a divorce yourself and end this temporary court order. Of course, your spouse may seek permanent spousal support, if she can show that the break-up of the marriage was your fault; but she will have to do it. I do not think that you would be wise to just ignore this court order simply because your wife never moved foward with the divore suit that she filed. However, you can file a Motion to have it dismissed for failure to take any step in the prosecution of the action for a three year period. There is more to it all than this, but this is something to think about. Best of luck!

Sincerely,

Hardy Parkerson, Atty.

Lake Charles, LA

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Answered on 3/14/04, 1:05 am
Nick Pizzolatto, Jr. Pizzolatto Law Office

Re: Limits of court orders

Failure to file the rule to show cause why a divorce should not be granted, is deemed abandoned if not done within 2 years of service of the petition for divorce...

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Answered on 3/15/04, 9:25 am


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