Legal Question in Family Law in Louisiana

Type your question here...we began divorcing in February. we both hired lawyers, divorce papers were served that were drawn up by each others lawyers etc...and went to family court and received a visitation schedule. He was unemployed at the time and child support was ordered at a very low amount because he was drawing unemployment, and he wanted a mental eval done and was to pay for it (even though he wasnt working?)

At his point he has done nothing on the court order, I have participated in the mental eval and am unable to complete it because he has not forwarded payment and he has not completed any of his evaluation at all! He has not taken advantage of his visitation and is not curent oncourt ordered child support.

I have allowed him to use my address for his mail to be delivered becaause he is offshore and out of town working and I have also allowed him to put me on his bank acct so that I may pay incoming bills both his and mine. He is not listed on my lease in any way.

Because I have allowed him to use my address and have also allowed him to place me on his ank acct do I have to re-file for divorce? I am trying to end this marraige in a civil manner because of my daughter


Asked on 9/10/09, 10:32 am

1 Answer from Attorneys
Dustin Vidrine Wade & Vidrine, PLC

If you already have a petition for divorce pending, then no, you should not have to re-file. Reconciliation is a "defense" to divorce, but having your name on an account and having the same mailing address will not amount to reconciliation. Also, one of you would have to actually raise that issue as a defense to get the pending petition dismissed before anyone would have to re-file....but that is not likely and would not be successful in any event

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Answered on 9/16/09, 9:18 am


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