Legal Question in Family Law in Louisiana
I have been married for 24 years. My husband left a year ago and I was just served with divorce papers. we went to his lawyer a year ago to put down who would pay for what for this past year. I do not want this divorce because I am catholic and it is against my religion. he has no grounds for this divorce other than he's having a midlife crisis. He left a year ago and has not spoken to me sinse about things. I think if we could get into counseling (which he refused to go to) I believe this marriage could be saved and save our minor child from this. How can I stop this divorce or at least prolong it until he comes to his senses. There are no other people involved on either side. He did strangle me the day he got mad and left and did this infront of our children. My oldest had to pull him off of me. I shouldnt want to be married to him, but I believe for better or worst till death. we live in louisiana. I recieved two papers this morning which i believe to be divorce papers. one is " rule nisi, citation-rule to show cause" the other is citation which states I am hereby cited to appear in ther office of the clerk of so said court. I have zero money to hire an attorney. He gives me $50 a week in child support, which cancels out the free gas I use to get from him and his workplace. help please!
2 Answers from Attorneys
He has filed for divorce. Under current law he will get the divorce. You should ask the court for child support & spousal support (this used to be called alimony). Considering he has done violence to you, you should also seek a restraining order to protect you from.
As a lifelong Catholic who has studied theology let me assure you that his filing for divorce is his action. If you believe that God is good then you should believe that he does not judge you by the acts of another, including your husband. You are free to use the law (that he chose) to protect & provide for yourself & your children.
Contact Legal Aid in your area (might be called Legal Services Corporation). You might qualify for free or discounted representation.
I agree with Mr. Casanave. There is nothing you can do to stop the divorce or prolong it unless you have a bunch of money to stall it. I am also a lifelong Catholic and have been granted an annulment so I could re-marry. It is not the divorce that is "forbidden" it is marrying another afterwards that is spoken of in the Bible. Anyway, unless he is totally destitute and not employed, you should ask for custody of the minor child and seek child support and if appropriate spousal support. If he has a well paying job you may find an attorney to do it if he thinks he can get the court to order his fee be paid by the husband. How have you lived for a year on $50 a week?
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